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WORLD INTELLECTUAL PROPERTY ORGANIZATION 
International Bureau 





(51) International Patent Classification 3 
C12N 15/00, 1/20, 1/00 



Al 



(11) International Publication Number: WO 84/ 02919 

(43) International Publication Date: 2 August 1984 (02.08.84) 



(21) International Application Number: PCT/US84/00049 

(22) International Filing Date: 16 January 1984 (16.01.84) 

(31) Priority Application Number: 458,411 

(32) Priority Date: 17 January 1983 (17.01.83) 

(33) Priority Country: 



US 



(71) Applicant: MONSANTO COMPANY fUS/US]; 800 
North Lindbergh Boulevard, St. Louis, MO 63167 
(US). 

(72) Inventors: FRALEY, Robert, Thomas ; 828 Lisakay 
Drive, Glendale, MO 63167 (US). ROGERS, Stephen, 
Gary ; 312 Sylvester Avenue, Webster Groves, MO 
63119 (US). 

(74) Agent: BRUSOK, Fabian, X.; 800 North Lindbergh 
Boulevard, St Louis, MO 63167 (US). 



(81) Designated States: AT (European patent), BE (Euro- 
pean patent), CH (European patent), DE (European 
patent), FR (European patent), GB (European pa- 
tent), JP, LU (European patent), NL (European pa- 
tent), SE (European patent). 



Published 

With international search report. 



(54) Title: PLASMIDS FOR TRANSFORMING PLANT CELLS 



(57) Abstract 

Several plasmids which are useful for genetically 
transforming plant ceils. A first plasmid, such as 
pMON120, contains a T-DNA border, one or more 
marker genes, a unique cleavage site, and a region of Ti 
plasmid homology. A gene which is expressed in plant 
cells may be inserted into this plasmid to obtain a deriva- 
tive plasmid, such as pMON128 which expresses neomy- 
cin phosphotransferase in plant cells. The derivative 
plasmid is inserted into a suitable microorganism, such 
as A. tumefaciens which contains a Ti plasmid. The in- 
serted plasmids recombine with the Ti plasmids to form 
co-integrate plasmids. Only a single crossover event is re- 
quired to create the desired co-integrate plasmid. A. 
tumefaciens cells with co-integrate plasmids are selected 
and co-cultured with plant cells. The co-integrate Ti plas- 
mids enter the plant cells and insert a segment of T-DNA 
which does not contain tumorigenic genes into the plant 
genome. The transformed plant cell(s) may be regenerat- 
ed into a morphologically normal plant which will pass 
the inserted gene(s) to its descendants. 



ISOLATE DMA SEOUENCE WITH MARKER GENE FOR 
SELECTION OF A. TUM. CONTAINING COINTEORATE 
PL ASM 1 03 



(pMON 109) 



ISOLATE DNA SEQUENCE WITH 
T-ONA80ROER FROM TI PLAS- 

mio ( optional: plant 
s cor able marker) 



(pMON 41) 



ISOLATE DNA SEQUENCE WITH 
REGION HOMOLOGOUS TO PART 
OF T-ONA OFTI PLASMIO 



(pMON 



L1C ATE 3 SEQUENCES IN PROPER ORIENTATION | ., 



(qMON 120) 



INSERT CHIMERIC GENE INTO PLASMIO 




INSERT PLASMIO INTO fi.CQUi; 
MATE E. COLI!WITH A.TUMEFACIENS 



INSERT PLASMIO INTO A.jyMEFACjENS j 
CONTAI NING CDISARMEO) TI PLASMID | 



S FLEET A. TUMEFACIENS CELLS WITH 
CO-INTEGRATED TI PLASMIDS HAVING 
CHIMERIC GENES 



CO- CULTIVATE A | TUMEFACIENS WITH 
PLANT CELLS! ALLOW TRANSFER OF 
CO-INTEGRATE PL ASMIOS INTO PLANT 
CELLS 



CULTIVATE PLANT CELL ^DEN^FY PLANT 
CELLS HAVI N GtEXPRE SSION OFJCH I MERIC 
GENE OR SCO R ABLE MARKER 



REGENERATE PLANT CELLS INTO PLAMTS | 





FOR THE PURPOSES OF INFORMATION ONLY 






Codes used to identify States party to the PCT on the front pages of pamphlets publish] 


ing international ap- 


plications under the PCT. 








AT 


Austria 


SR 


Republic of Corea 




AU 


Australia 


II 


Liechtenstein 




BE 


Belgium 


LK 


Sri t jrifa 




BG 


Bulgaria 


hV 


Luxembourg 




BR 


Brazil 


MC 


Monaco 




CF 


Central African Republic 


MG 


Madagascar 




CG 


Congo 


MR 


Mauritania 




CH 


Switzerland 


MW 


Malawi 




CM 


Cameroon 


NL 


Netherlands 




DE 


Germany, Federal Republic of 


NO 


Norway 




DK 


Denmark 


RO 


Romania 




FI 


Finland 


SD 


Sudan 




FR 


France 


SE 


Sweden 




GA 


Gabon 


SN 


Senegal 




GB 


. United Kingdom 


su 


Soviet Union 




HU 


Hungary 


TD 


Chad 




JP 


Japan 


TG 


Togo 




KP 


Democratic People's Republic of Korea 


US 


United States of America 





WO 84/02919 



1 



PCT/US84/00049 



PLASMIDS FOR TRANSFORMING PL ANT CELLS 
Technical Field 

This invention is in the fields of genetic 
5 engineering, plant biology, and bacteriology. 

BACKGROUND ART 

In the past decade, the science of genetic 
engineering has developed rapidly. A variety of 

10 processes are known for inserting a heterologous gene 
into bacteria, whereby the bacteria become capable of 
efficient expression of the inserted genes. Such 
processes normally involve the use of plasmids which 
may be cleaved at one or more selected cleavage sites 

15 by restriction endonucleases . Typically, a gene of 

interest is obtained by cleaving one piece of ON A, and 
the resulting DNA fragment is mixed with a fragment 
obtained by cleaving a vector such as a plasmid. The 
different strands of DNA are then connected 

20 ("ligated") to each other to form a reconstituted 
plasmid. See, for example, U.S. Patents 4,237,224 
(Cohen and Boyer, 1980); 4,264,731 (Shine, 1981); 
4,273,875 (Manis, 1981); 4,322,499 (Baxter et al, 
1982), and 4,336,336 (Silhavy et al, 1982). 

25 A variety of other reference works are 

available. Some of these works describe the natural 
process whereby DNA is transcribed into mRNA and mRNA 
is translated into protein, see, e.g., L. Stryer, 
Biochemistry , 2nd edition, p 559 et seq. (W. H. 

30 Freeman and Co., 1981); A. L. Lehninger, Biochemistry, 
2nd edition, p. 853 et seq. (Worth Publ., 1975). 
Other works describe methods and products of genetic 
manipulation; see, e.g., T. Maniatis et al, 
Molecular Cloning, A Laboratory Manual (Cold Spring 

35 Harbor Labs, 1982); J.K. Setlow and A. Hollaender, 
Genetic Engineering, Principles and Meth ds (Plenum 



•WO 84/02919 



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-2- 

Press, 1979). Hereafter, all references will be cited 
in abbreviated form; a list of complete citations is 
included after the Examples. 

5 

Most of the genetic engineering work 
performed to date involves the insertion of genes into 
various types of cells, primarily bacteria such as 
E. coli , various other microorganisms such as yeast, 
10 and mammalian cells. However, many of the techniques 
and substances used for genetic engineering of animal 
cells and microorganisms are not directly applicable 
to genetic engineering involving plants. 

15 As used herein, the term "plant" refers to a 

multicellular differentiated organism that is capable 
of photosynthesis, such as angiosperms and 
multicellular algae. This does not include 
microorganisms , such as bacteria, yeast, and fungi* 

20 The term "plant cell" includes any cell derived from a 
plant; this includes undifferentiated tissue such as 
callus or crown gall tumor, as well as plant seeds, 
propagules, pollen, or plant embryos. 

Ti and Ri Plasmids 

25 

The tumor-inducing (Ti) plasmid of 
Agrobacterium tumefaciens has been proposed for use as 
a natural vector for introducing foreign genetic 

30 information into plant cells (Hernalsteen et al 1980; 
Rorsch and Schilperoort, 1978 ) . Certain types of A. 
tumefaciens are capable of infecting a wide variety of 
plant cells, causing crown gall disease. The process 
of infection is not fully understood. At least part 

35 of the Ti plasmid nters the plant cell. Various 
m tabolic alterations ccur, and part of the Ti 



WQ 84/02919 



PCT/US84/00049 



plasmid is inserted into the genome of the plant 
(presumably into the chromosomes). The part of the Ti 
plasmid that enters the plant genome is designated as 
"transferred DNA" (T-DNA). T-DNA is stably maintained 
5 in the plant DNA (Chilton et al, 1977; Yadev et al, 
1980; Willmitzer et al, 1980; Otten et al, 1981). 

Research by several laboratories has led to 
the characterization of several structural (i.e., 

10 protein coding) genes located in T-DNA (Garfinkel et 
al 1981; Leemans et al 1982), as well as other DNA 
sequences which appear to serve various other 
functions. For example, two sequences referred to as 
the "left border" and the "right border" appear to 

15 delineate T-DNA and may be involved in the process 
whereby T-DNA is transferred into plant chromosomes 
(Zambryski et al 1982). 

A different species of Agrobacterium , A. 

20 rhizogenes , carries a "root- inducing" (Ri) plasmid 
which is similar to the Ti plasmid. Infection of a 
plant cell by A. rhizogenes causes hairy root disease. 
Like the Ti plasmid, a segment of DNA called "T-DNA" 
(also referred to by some researchers as "R-DNA") is 

25 transferred into the plant genome of an infected cell. 

Various other bacteria are also reported to 
be capable of causing genetic transformation of plant 
cells, including A, rubi and certain bacteria of the , 
30 genus Rhizobia which have been treated with a 

mutagenic agent. Hooykaas et al, at page 156 of 
Setlow and Holaender, 1979. 



35 



As used herein, the term "Ti plasmid" 
includes any plasmid (1) which is contained in a 
microorganism, other than a virus, which is capable of 



WO 84/02919 PCT/US84/00049 

-4- 

causing genetic transformation of one or more types of 
plants or plant cells, and (2) which contains a 
segment of DNA which is inserted into a plant genome . 
This includes Ri plasmids. 
5 - 

As used herein, the term "T-DNA" refers to a 
segment of DNA in or from a Ti plasmid (1) which has 
been inserted into the genome of one or more types of 
plant cells, or (2) which is contained in a segment of 

10 DNA that is located between two sequences of bases 
which are capable of serving as T-DNA borders. As 
used herein, the terms "T-DNA border" and "border" are 
determined and applied empirically; these terms shall 
refer to a sequence of bases which appears at or near 

15 the end of a segment of DNA which is transferred from 
a Ti plasmid. into a plant genome. 
*- 

Despite the existing knowledge of T-DNA and 
Ti plasmids, no one prior to this invention has been 
20 able to utilize these vectors for the introduction of 
foreign genes which are expressed in genetically 
modified plants, A variety of obstacles to such use 
have been encountered in genetic engineering efforts . 
Such obstacles include: 

25 

1) the large size (approximately 200,000 
base pairs) and resulting complexity of Ti plasmids 
preclude the use of standard recombinant DNA 
techniques to genetically modify and/or insert foreign 
30 genes into specific sites in the T-DNA. For example, 
there are no known unique restriction endonuclease 
cleavage sites in a Ti plasmid (Leemans et al, 1982). 



35 



2) the T-DNA, which is inserted into and 
expressed in plant cells, contains genes which are 
involved in the production of high levels of 



WO 84/02919 



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phytohormones in the transformed plant cells (Leemans 
et al 1982 ) • The high levels of phytohormones 
interfere with the normal metabolic and regenerative 
process of the cells > and prevent the formation of 
5 pheno typically normal plants from the cells (Braun and 
Wood, 1976; Yang et al, 1980)- Exceptions to this are 
rare cases where the T-DNA has undergone extensive 
spontaneous deletions in planta to eliminate those 
genes involved in phytohormone production. Under 

10 these conditions, normal plants are reported to be 
obtainable at low frequency (Otten et al, 1981). 
However, the T-DNA genes involved in phytohormone 
production could not be deleted prior to this 
invention, since they were very important in the 

15 identification and/or selection of transformed plant 
cells (Marton et al, 1979). 

As described above, simple recombinant DNA 
techniques for introducing foreign genes into plasmids 

20 are not applicable to the large Ti plasmid. As a 

result, several indirect methods have been developed 
and are discussed below. The first reported use of 
the Ti plasmid as a vector was in model experiments in 
which bacterial transposons were inserted into T-DNA 

25 and subsequently introduced into plant cells. The 
bacterial transposons were reported to be stably 
maintained in the plant genome (Hernalsteens et al, 
1980; Garfinkel et al 1981). However, in these cases 
the transformed tumor tissues were found to be 

30 incapable of regeneration into normal plants, and 

there was no reported evidence for the expression of 
bacterial genes in the plant cells. In addition, 
because the insertion of bacterial transposons is 
believed to be essentially random, a great deal of 

35 effort was required to identify and localize the 
position of the inserted DNA in these examples. 



WO 84/02919 



PCT/US84/00049 



Therefore, this approach is not likely to be useful to 
introduce desired genes in a predictable manner into 
plants. 

5 Other researchers have reported the use of 

intermediate vectors which replicate in both E.coli 
and A . tumef aci ens ( Matzke and Chilton, 1981; Leemans 
et al 1981; Garfinkel et al, 1981). The intermediate 
vectors contain relatively small sub fragments of the 

10 Ti plasmid which can be manipulated using standard 

recombinant DNA techniques*. The sub fragments can be 
modified by the deletion of specific sequences or by 
the insertion of foreign genes at specific sites* The 
intermediate vectors containing the modified T DNA 

15 sub fragment are then introduced into A^ tumef aciens by 
transformation or conjugation. Double recombination 
between the modified T-DNA fragment on the 
intermediate vector and its wild-type counterpart on 
the Ti plasmid results in the replacement of the 

20 wild-type copy with the modified fragment. Cells 
' which contain the recombined Ti plasmids can be 
selected using appropriate antibiotics. 

Various foreign DNA's have been inserted at 
25 specific sites in the T-DNA by this method and they 

have been reported to be stably transferred into plant 
' cells (Matzke and Chilton, 1981, Leemans et al 1981, 
1982). However, such foreign genes have not been 
reported to be capable of expression in plant cells , 
30. and the transformed plant cells remain incapable of 
regeneration into normal plants. Furthermore , in the 
procedure described above, it is preferred for a 
double crossover event to occur, in order to 
substitute the modified DNA fragment for the wild- type 
35 copy. A single crossover results in the formation of a 
co-integrate plasmid which contains two copies of the 



WO 84/02919 



PCT/US84/00049 



-7- 

T-DNA subfragments. This duplication is undesirable 
in these methods since homologous recombination, which 
can occur in A. tumefaciens cells or in plant cells, 
can result in the loss of the inserted foreign 
5 gene(s). 

A major disadvantage of the above methods is 
that the frequency of double recombination is quite 
low, about 10" 4 to 10~ 9 (Leemans et al, 1981) and it 
10 requires extensive effort to identify and isolate the 
rare double-crossover recombinants. As a result, the 
number and types of experiments which can be performed 
using existing methods for genetically engineering the 
Ti plasmid is severely limited* 

15 

Other Means for Inserting DNA into Plant Cells 

A variety of other methods have been 
reported for inserting DNA into plant cells. One such 
20 method involves the use of lipid vesicles, also called 
liposomes, to encapsulate one or more DNA molecules. 
- The liposomes and their DNA contents may be taken up 
by plant cells; see, e.g., Lurquin, 1981. If the 
inserted DNA can be incorporated into the plant 
25 genome, replicated, and inherited, the plant cells 
will be transformed. . " ■ 

Other alternate techniques involve 
contacting plant cells with DNA which is coraplexed 

30 with either (a) polycationic substances, such as 

poly-L-orni thine (Davey et al, 1980), or (b) calcium 
phosphate {Krens et al, 1982). Using these 
techniques, all or part of a Ti plasmid has been 
reportedly inserted into plant cells, causing 

35 tumorigenic alteration of the plant cells. 



WO 84/02919 



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-8- 



Another method has been developed involving 
the fusion of bacteria, which contain desired 
plasmids, with plant cells. Such methods involve 
5 converting the bacteria into spheroplasts and 

converting the plant cells into protoplasts. Both of 
these methods remove the cell wall barrier from the 
bacterial and plant cells, using enzymic digestion. 
The two cell types can then be used together by 
10 exposure to chemical agents, such as polyethylene 
glycol. See Hasezawa et al, 1981. 

However, all of the foregoing techniques 
suffer from one or more of the following problems: 

1. transformation efficiencies reported to 
date have been very low; 

2. only small DNA molecules can be inserted 
20 into plant cells; 

3. only small numbers of DNA molecules can 
be inserted into plant cells; and/or, 

25 4. a gene which is inserted into a plant 

cell will not be stably maintained by the plant cell^ 
unless it is incorporated into the genome of the plant 
cell / i.e., unless the gene is inserted into a 
chromosome or plasmid that replicates in the plant 

30 cell. 

For these and possibly other reasons, no one 
has yet reported expression of a gene inserted into a 
plant cell by any of the foregoing techniques, except 
35 for the tumorigenic transformations noted above. 



WO 84/02919 



PCT/US84/00049 



-9- 

Prior to this invention, no satisfactory 
method existed for the creation and identification of 
genetically transformed plant cells which could be 
5 , routinely regenerated into morphologically normal 
"plants. 

SUMMARY OF THE INVENTION 

This invention relates to several plasmids 
10 which are useful for creating transformed plant cells 
which are capable of subsequent regeneration into 
differentiated, morphologically-normal plants.. This 
invention also relates to microorganisms containing 
such plasmids, and to methods for creating such 
15 plasmids and microorganisms. 

This invention involves a first plasmid, 
such as pMON120, which has certain desired 
characteristics described below. A gene which is 

20 capable of being expressed in plant cells may be 
inserted into this plasmid to obtain a derivative 
plasmid, such as pMON128. For example, plasmid 
pMON128 contains a chimeric gene which expresses 
neomycin phosphotransferase IT (NPT II), an enzyme 

25 which inactivates certain antibiotics . The chimeric 
gene is capable of expression in plant cells. 

The derivative plasmid is inserted into a 
suitable microorganism, such as Agrobacterium 
tumefaciens cells which contain Ti plasmids. In the 
30 A. tumefaciens cells, some of the inserted plasmids 
recombine with Ti plasmids to form a co-integrate 
plasmid; this is due to a region of homology between 
the two plasmids. Only a single crossover event is 
required to create the desired co-integrate plasmid. 



WO 84/02919 



PCT/US84/00049 



10 



Because of the characteristics of the 
inserted plasmid of this invention/ the resulting 
co-integrate Ti plasmid contains the chimeric gene 
5 and/or any other inserted gene within the T-DNA region 
of the co-integrate plasmid. The inserted gene(s) are 
surrounded by at least two T-DNA borders, at least one 
of which was inserted into the Ti plasmid by the 
crossover event. By means of appropriate antibiotics, 
10 A. tumefaciens cells which do not have co-integrate Ti 
plasmids with inserted genes are killed. 

A. tumefaciens cells with co-integrate 
plasmids are co-cultured with plant cells, such as 

15 protoplasts, protoplast-derived cells, plant cuttings, 
or intact plants, under conditions which allow the 
.co-integrate Ti plasmids, or portions thereof, to" 
enter the plant cells. Once inside the plant cells, a 
portion of the Ti plasmid which is surrounded by the 

20 two T-DNA borders is inserted by natural processes 

into the plant genome. This segment of DNA contains 
the chimeric gene and/or any other desired gene(s). 
Preferably, the segment of vector DNA which is 
inserted into the plant genome does not contain any 

25 genes which would render the plant cell incapable of 
being regenerated into a differentiated, 
morphologically-normal plant. The transformed plant 
cell(s) may be regenerated into a 
morphologically-normal plant which will pass the 

30 inserted gene to its descendants. 

A variety of uses exist for plants 
transformed by the method of this invention. For 
example, a gene which codes for an enzyme which 
35 inactivates a herbicide may be inserted into a plant. 
This would make the plant and its descendants 



WO 84/02919 



-11- 



PCT/US84/00049 



10 



resistant to the herbicide. Alternately, a gene which 
codes for a desired mammalian polypeptide such as 
growth hormone, insulin, interferon, or somatostatin 
may be inserted into plants. The plants may be grown 
and harvested, and the polypeptide could be extracted 
from the plant tissue. 



BRIEF DESCRIPTION OF TEE DRAWINGS 

FIG. 1 is a flow chart indicating the steps 
of this invention, using pMON128 and the NOS-NFT II. 
gene as an example. 

FIG. 2 represents the creation of pM0N41, a 
15 plasmid used to construct pMON120. 

FIG. 3 represents the creation of M-4, an 
M13-derived DNA used to construct pMON109. 

20 FIG. 4 represents the creation of pMON54, a 

plasmid used to construct pMON109. 

FIG. 5 represents the creation of pMON109, a 
plasmid used to construct pMON120. 

25 

FIG. 6 represents the creation of pMON113, a 
plasmid used to construct pMON120. 

FIG. 7 represents the creation of plasmid 
30 pMON120, an intermediate vector with three restriction 
endonuclease cleavage sites which are suitable for the 
insertion of a desired gene. 



35 



FIG. 8 represents the creation of pMON128, 
an intermediate vector which was obtained by inserting 



WO 84/02919 



-12- 



PCT/US84/00049 



a chimeric NOS-NFT II kanamycin-resistance gene into 
PMON120. 

FIG. 9 represents the cointegration of 
5 pMON128 with a wild-type Ti plasmid by means of a 
single crossover event, thereby creating a 
co-integrate plasmid with multiple borders. 

FIG. 10 indicates the co-integration of 
10 pMON128 with a disarmed Ti -plasmid, thereby creating a 
non-tumorigenic cointegrate plasmid. 

FIG. 11 is a graph comparing growth of 
transformed cells and non- trans formed cells on 
15 kanamycin-cont a i n i ng medium. 

DETAILED DESCRIPTION OF THE INVENTION 

20 

In one preferred embodiment of this 
invention, a variety of chimeric genes were inserted 
into plant cells using the steps that are summarized 
on the flow chart of Figure 1. As shown on Figure 1, 
25 three preliminary plasmids were prepared. Those 
plasmids were designated as: 

1. pMON41, which contained a right border 
from a nopaline-type Ti plasmid, and the 5 f portion -of 

30 a nopaline synthase (NOS) gene. The construction of 
plasmid pM0N41 is described below and shown in Figure 
2. ' 

2. pMON109, which contained the 3 1 portion 
35 of a NOS gene, and a selectable marker gene (spc/str) 

which allowed for the selection of A. tumefaciens 



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-13- 



10 



cells .having -co-integrate Ti plasmids with chimeric 
genes- The construction of plasmid pMON109 is 
described below and shown in Figures 3, 4, and 5. 

3. pMON113, which contained a region of DNA 
with a sequence that is identical to the sequence 
within the T-DNA portion of an octopine-type Ti 
plasmid. This region was designated as the "left 
inside homology" (LIH) region- The construction of 
pMON113 is described below and. shown in Figure 6. 



After these plasmids were assembled, each 
plasmid was digested by appropriate endonucleases to 
obtain a desired fragment. Three fragments (one from 
each of the three plasmids) were assembled in a triple 
15 ligation to obtain the intermediate vector, plasmid 
pMON120; as shown in Figure 7. 

Plasmid pMON120 plays a key role in the 
embodiment of this invention that is described in 
detail below. This plasmid has the following 
20 characteristics: 

1. pMON120 has at least three unique 
restriction endonuclease cleavage sites (EcoRI, Clal, 
and Hindi II) which allow for the convenient insertion 

25 of any desired gene. 

2 . pMON120 will replicate within normal 

E. coli - cells. However, it will not replicate within 
normal Agrobacterium cells unless it co-integrates 
30 with another plasmid, such as a Ti plasmid, which will 
replicate in Agrobacterium cells. 



3. pMON120 carries a marker gene which codes 
for an enzyme which confers resistance to two 



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-14- 

antibiotics , spectinomycin (spc) and streptomycin 
(stx). This gene, referred to as the spc/str gene, is 
expressed in E. coli and in tumef aciens , but not in 
plant cells. pMON120 does not carry genes which code 
5 for resistance to ampicillin or tetracycline. 

4. pMON120 carries a sequence which is 
homologous to a sequence within the T-DNA portion of 
an octopine-type Ti plasmid of A . tumef aciens > This 

10 sequence is referred to as the "left inside homology" 
(LIH) region* This region of homology promotes a 
crossover event whereby pMON120, or a derivative of 
pMON120 such as pMON128, forms a co-integrate with 
the Ti plasmid if the two plasmids exist inside the 

15 same A. tumef aciens cell. By definition, the 

"co-integrate" plasmid is formed by a single crossover 
event. It contains all DNA sequences that previously 
existed in either the Ti plasmid or the 
pMON120-derived plasmid. 

20 

5. pMON120 carries a nopaline-type T-DNA 
"right border," i.e., a sequence which is capable of 
acting as one end (designated by convention as the 
right border) of a T-DNA sequence which is transferred 

25 from a Ti plasmid and inseirted into the chromosome of 
a plant cell during transformation of the cell by 
A . tumef aciens. . 

6. pMON120 carries a gene (including a 

30 promoter) which codes for the expression of an enzyme, 
nopaline synthase (NOS ) . Once introduced into a plant 
cell, the NOS enzyme catalyzes the production of 
nopaline, a type of opine. In most types of .plants, 
opines are non-detrimental compounds which accumulate 

35 at low levels; the presence of nopaline can be readily 
detected in plant tissue (Otten and Schilperoort, 



WO 84/02919 



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-15- 

1978). Opine genes may serve as useful marker genes to 
confirm transformation, since 1 opines do not normally 
exist in untrans formed plant cells. If desired, the 
NOS gene in pMON120 may be rendered non- functional by 
5 a variety of techniques known to those skilled in the 
art. For example, a BamHI cleavage site exists within 
the coding portion of the NOS gene; a stop codon or 
other appropriate oligonucleotide sequence could be 
inserted into this site to prevent the translation of 
10 NOS . 

7. , The relative location of the various 
genes, cleavage sites, and other sequences in pMON120 
is very important to the performance of this 

15 invention. The entire pMON120 plasmid, or its 

derivative plasmid such as pMON128, will be contained 
in the co-integrate Ti plasmid. However, only part of 
the co-integrate Ti plasmid {the modified T-DNA 
region) will be inserted into the plant genome. 

20 Therefore, only a part of the pMON120 -derived plasmid 
will be inserted into the plant genome. This portion 
begins at the T-DNA border, and stretches in one 
direction only to the region of homology. In pMON120, 
the NOS scorable marker, the spc/str selectable 

25 marker, and the three insertion sites are within the 
portion of pMON120 that would be transferred into the 
plant genome. However, the pBR322-derived region next 
to the LIH, and the Pvul cleavage site, probably would 
not be transferred into the plant genome. Importantly, 

30 this arrangement of pMON120 and its derivatives 
prevents the transfer of more than one region of 
homology into the plant genome, as discussed below. 



35 



8. pMON120 is about 8 kilobases long. This 
is sufficiently small to allow it to accomplish all of 
the objectives of this invention. H wever, if 



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16- 



10 



15 



20 



25 



30 



desired, it may be made somewhat smaller by the 
deletion of one or more nucleotide sequences which are 
not essential, using methods which are known to those 
skilled in the art. Such a reduction in size might 
improve the efficiency or other characteristics of the 
plasmid when used for this invention or for other 
purposes, as may be determined by those skilled in the 
art. ■ 

It is recognized that a wide variety of 
intermediate vectors which differ from pMON120 in one 
or more respects may be prepared and utilized by those 
skilled in the art. For example, the NOS marker used 
for scoring transformed plant cells might be deleted, 
or replaced or supplemented by a different scorable or 
selectable marker. One such marker gene might 
comprise an antibiotic- resistance gene such as the 
NOS-NPT II-NOS chimeric gene described below. As 
another example, the-spc/str marker gene used for 
selecting A. tumefaciens cells with co-integrate 
plasmids might be deleted, or replaced or supplemented 
by a different scorable or selectable marker that is 
expressed in Agxobacteria . As another example, a 
variety of T-DNA borders (such as a nopaline-type 
"left" border, or an octopine- type left or right 
border) might be utilized. Similarly, more than one 
border (such as two or more nopaline right borders, or 
one nopaline right border and one octopine right 
border) might be inserted into the intermediate 
vector, in the desired orientation; this may increase 
the frequency of insertion of the T-DNA into the plant 
genome, as may be determined by those skilled in the 
art. It is also possible to insert both left and 
right borders (of any type) into an intermediate 
vector. It is also possible to increase the length of 
the region of hom logy; this is likely to increase the 




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10 



-17- 



frequency of the desired single crossover event 
(Leemans et al, 1981). It is also possible to select 
an appropriate region of homology from any type of 
desired plasmid, such as a nopaline or agropine Ti 
plasmid or an Ri plasmid; such regions will allow the 
intermediate vector to form a co-integrate with any 
desired plasmid. 



Method of Creating PMON120 



Plasmid pMON120 was constructed from 
fragments derived from 3 other plasmids. These three 
plasmids were designated as pMON41, pMON109, and 
pMON113. The construction of each of these three 
15 plasmids is summarized below; additional information 
is provided in the examples. 

Plasmid PM0N41 contributed a nopaline-type 
T-DNA right border and the 5' portion of a nopaline 
20 synthase (NOS) gene to pMON120. It was created by the 
following method. 

A nopaline- type' Ti plasmid, designated as 
the pTiT37 plasmid, may be digested with the Hindi 1 1 

25 endonuclease to produce a variety of fragments, 

including a 3.4 kb fragment which is designated as the 
Hindi 1 1-23 fragment. This fragment contains the 
entire NOS gene and the T-DNA right border. The 
Applicants inserted a HindIII-23 fragment into a 

30 plasmid, pBR327 (Soberon et al, 1980), which had been 
digested with Hindlll. The resulting plasmid, 
designated as pMON38, was digested with both Hindi I I 
and BamHI. This produced a 2.3 kb fragment which 
contains the nopaline-type right border and the 5 f 

35 portion of a NOS gene ( including the promoter region, 
the 5 1 non- translated region/ and part of the 



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-18- 



structural sequence ) - This 2.3 kb fragment was 
inserted into a pBR327 plasmid which had been digested 
with Hindu I and BamHI. The resulting plasmid was 
designated as pM0N41, as shown in Figure 2. 

5 

A variety of strains of A. tumefaciens are 
publicly available from the American Type Culture 
Collection (Rockville, MD) ; accession numbers are 
listed in any ATCC catalog- Each strain contains a Ti 
10 plasmid which is likely to be suitable for use in this 
invention, as may be determined through routine 
experimentation by those skilled in the art. 

Plasmid pMON109 contributed a spc/str 
15 selectable marker gene and the 3 1 portion of a NOS 
gene to pMON120. It was created by the following 
method. 

Plasmid pMON38 (described above and shown on 
20 Figure 2) was digested with Rsal, which creates blunt 
ends as shown: 5 ' -GTAC 

CATC 

A 1.1 kb fragment was isolated, and digested with 
25 BamHI to obtain' fragments of 720 bp and 400 bp, each 
of which had one blunt Rsa end and a cohesive BamHI 
end. These fragments were added to double stranded 
DNA from a phage M13 mp8 (Messing and Vieira, 1982) 
which had been digested with Smal (which creates blunt 
30 ends) and BamHI. The mixture was ligated, transformed 
into cells and plated for recombinant phage. 
Recombinant phage DNA's which contained the inserted 
720 bp fragment were identified by the size of the 
BamHI -Smal insert. One of those phage DNA's was 
35 designated as M-4> as shown in Figure 3. The 720 bp 
insert contained the 3 1 hon- translated region 



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-19- 

( including the poly-adenylation signal indicated in 
the figures by a heavy dot) of the NOS gene, as well 
as the 3' portion of the structural sequence of the 
NOS gene. The 720 bp insert is surrounded in M-4 by 
5 EcoRI and PstI cleavage sites, which were present in 
the M13 mp8 DNA. 

A bacterial transposon, designated as Tn7, 
is known to contain the spc/str gene, mentioned 

10 previously. The Tn7 transposon also contains a gene 
which causes the host cell to be resistant to the 
antibiotic trimethoprim. The exact location and 
orientation of the spc/str gene and the 
trimethoprim- resistance gene in Tn7, are not known. 

15 The Tn7 transposon may be obtained from a variety of 
cell strains which are publicly available. A strain 
of A. tumefaciens was isolated in which the Tn7 
transposon had been inserted into the Hind I I 1-23 
region of a pTiT37 plasmid. The modified pTiT37 

20 plasmid was designated as pGV3106 (Hernalsteens et al f 
1980). 

Plasmid pGV3106 was digested with Hindi II, 
and the fragments were shotgun-cloned into pBR327 

25 plasmids which had been digested with Hindlll. These 
plasmids were inserted into E. coli cells, and cells 
which were ampicillin-resistant (due to a pBR327 gene) 
and trimethoprim-resistant (due to a Tn7 gene) were 
selected. The plasmid obtained from one colony was 

30 designated as pMON31. This plasmid contained a 6kb 
Hindi I I insert. The insert contained the 
spc/str-resistance gene and trimethoprim-resistance 
gene from Tn7, and the 3' portion of a NOS gene (which 
came from the pTiT37 plasmid). 

35 



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-20- 

Plasmid pM0N31 was r due d in size twice. 
The first reduction was performed by digesting the 
plasmid with EcoRI, diluting the mixture to remove an 
850 bp fragment/ and religating the large fragment. 
5 The resulting plasmid, designated as pMDN53, was 
obtained from transformed cells selected by their 
resistance to ampicillin and streptomycin. Resistance 
to trimethoprim was not determined. 

10 Plasmid pMON53 was further reduced in size 

by digesting the plasmid with Clal, diluting the 
mixture to remove a 2 kb fragment, and religating the 
large fragment. The resulting 5.2 kb plasmid was 
designated as pMON54, as shown in Figure .4. This 

15 plasmid contains the spc/str gene. 

Plasmid pM0N54 was digested with EcoRI and 
PstI, and a 4^8 kb fragment containing the spc/str 
gene was isolated. M-4 DM was digested with EcoRI 

20 and PstI, and a 740 bp fragment containing the NOS 3* 
non-translated region was isolated. These fragments 
were ligated together to form pMON64. In order to be 
able to obtain the NOS 3 1 portion and the spc/str gene 
on a single EcoRI-BamHI fragment, the orientation of 

25 the spc/str gene was reversed by digesting pM0N64 with 
Clal and religating the mixture. Plasmids having the 
desired orientation were identified by cleavage using 
EcoRI and BamHI. These plasmids wiere designated as 
PMON109, as shown in Figure 5. 

30 

Plasmid PMON113 contributed a region of 
homology to pM0N12G which allows pMON120 to form a 
co-integrate plasmid when present in A. tumefaciens 
along with a Ti plasmid. The region of homology was 
35 taken from an octopine-type Ti plasmid. In the Ti 
plasmid, it is located near the left T-DNA border, 



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within the T-DNA portion of the Ti plasmid. This 
region of homology is designated as the "left inside 
homology" (LIH) region. 

5 a region of homology may be derived from any 

type of plasmid capable of transforming plant cells, 
such as any Ti plasmid or any Ri plasmid. An 
intermediate vector can be designed which can form a 
co-integrate plasmid with whatever type of plasmid the 
10 region of homology was derived from. 

In addition, it might not be necessary for 
the region of homology to be located within the T-DNA. 
For example, it may be possible for a region of 

15 homology to be derived from a segment of a Ti plasmid 
which contains a T-DNA border arid a sequences of bases 
outside of the T-DNA region. Indeed, if the 
intermediate vector contains two appropriate T-DNA 
borders, it might be possible for the region of 

20 homology to be located entirely outside of the T-DNA 
region. 

The Applicants obtained an E. coli culture 
with a pBR-derived plasmid containing the Bam-8 

25 fragment of an octopine-type Ti plasmid. The Bam-8 
fragment, which is about 7.5 kb, contains the left 
border and the LIH region of the Ti plasmid 
(Willmitzer et al, 1982; DeGreve et al, 1981). The 
Bam-8 fragment was inserted into the plasmid pBR327, 

30 which had been digested with BamHI. The resulting 

plasmid was designated as pMON90, as shown in Figure 
6. 



35 



Plasmid pMON90 was digested with Bglll, and 
a 2.6 kb fragment which contains the LIH region but 
not the left border was purified. The 2.6 kb fragment 



WO 84/02919 



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22- 



was treated with Klenow polymerase to convert the 
cohesive ends into blunt ends, and the fragment was 
digested with Hindi 1 1 to obtain a 1.6 Kb fragment (the 
desired fragment) and a 1 kb fragment. Both fragments 
5 were mixed with a pBR322 plasmid which had been 
digested with PvuII and Hindi 1 1.. The mixture was 
ligated, and inserted into E. coli cells. The cells 
were selected for ampicillin resistance, and scored 
for the presence of a Smal site which exists on the 
10 1.6 Kb fragment but not the 1 Kb fragment. A colony 
having the desired plasmid was identified, and the 
plasmid from this colony was designated as pMON113, as 
indicated by Figure 6. 

15 To assemble pMON120, three fragments had to . 

be isolated. Plasmid pM0N41 was digested with Pvul 
and BamI, and a 1.5 Kb fragment containing a 
nopaline-type right border and the 5 f portion of a NOS 
gene was isolated: Plasmid pM0N109 was digested with 

20 BamHI and EcoRI, and a 3.4 Kb fragment containing a> 
spc/str gene and the 3 f part of a NOS gene was 
isolated. Plasmid pM0N113 was digested with Pvul and 
EcoRI, and a 3.1 Kb fragment containing the LIH region 
was isolated. 

25 

The three fragments were mixed together and 
ligated to form pMON120, as shown on Figure 7. A 
culture of E. coli containing pMON120 has been 
deposited with the American Type Culture Collection. 
30 This culture has been assigned accession number 39263. 

It is recognized that a variety of different 
methods could be used to create pMON120 , or any 
similar intermediate vector. For example, instead of 
35 the triple ligation, it would have been possible to 




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-23- 

assemble two of the desired fragments in a plasmid f 
and insert the third fragment into the plasmid. 

Method of Using pMON120 

5 

As mentioned previously, pMON120 has three 
unique cleavage sites (EcoRI, Clal, and Hindi II) which 
are suitable for the insertion of any desired gene. 
These cleavage sites are located in the portion of 
10. pMON120 that will be inserted into a plant genome, so 
the inserted gene also will be inserted into the plant 
genome. 

A variety of chimeric genes which are 
capable of expressing bacterial and mammalian 

15 polypeptides in plant cells have been created by the 
Applicants . These chimeric genes are described in 
detail in a separate application entitled "Chimeric 
Genes Suitable for Expression in Plant Cells," 
copending U.S. application serial number 458,414, 

20 filed on January 17, 1983. 

Those chimeric genes are suitable for use in this 
invention. They may be inserted into pMON120 to 
create a derivative plasmid, which may be utilized as 
described below, 

25 In one preferred embodiment of this 

invention, a chimeric gene was created which comprises 
the following DNA sequences: 

1. a promoter region and a 5 f non- translated 
30 region derived from a nopalirie synthase (NOS) gene; 

2. a structural sequence derived from a 
n omycin phosphotransferase II (NPT II) gene; and 




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-24- 

3. a 3 f non- translated region derived from a 

NOS gene. 

5 This chimeric NOS-NPT 1 1 -NOS gene was 

isolated on a DNA fragment having EcoRI ends. This 
fragment was inserted into the EcoRI cleavage site of 
pMON120, and the resulting plasmids (having chimeric 
gene inserts with opposite orientations) were 

i0 designated as pMON128 and pMON129, as shown in Figure 
8. Plasmid pMON129 has two copies of the chimeric 
gene; this may be a useful feature in certain types of 
work. Either plasmid may be utilized to transform 
plant cells, in the following manner- A culture of 

15 E.coli containing pM0N128 has been deposited with the 
American Type Culture Collection . . This culture has 
been assigned accession number 39264. 

20 Plasmid pMON128 (or any other plasmid 

derived by inserting a desired gene into pMON120) is 
inserted into a' microorganism which contains an 
octopine-type Ti plasmid (or other suitable plasmid). 
Suitable microorganisms include A . tumef aciens and 

25 A. rhizoqeries which carry Ti or Ri plasmids. Other 
microorganisms which might also be useful for use in 
this invention include other species of Aqr obacterium , 
as well as bacteria in the genus Rhizobia . The 
suitability of these cells, or of any other cells 

30 known at present or hereafter discovered or created, 
for use in this invention may be determined through 
routine experimentation by those skilled in the art. 



35 



The plasmid may be inserted into the 
microorganism by any desired method, such as 
transformation (i.e., contacting plasmids with cells 



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-25-. 

that have been treated to increase their uptake of 
DNA) or conjugation with cells that contain the 
pMON128 or other plasmids.. 

5 The inserted plasmid (such as pMGN128) has a 

region which is homologous to a sequence within the Ti 
plasmid. This "LIE" region of homology allows a 
single crossover event whereby pMON128 and an 
octopine-type Ti plasmid combine with each other to 

10 form a co-integrate plasmid- . See,, e.g., Stryer, 
supra , at p. 752-754. Normally/ this will occur 
within the A. tumefaciens cell after pMON128 has been 
inserted into the cell. Alternately, the 
co-integrate plasmid may be created in a different 

15 type of cell or i n vitro. , and then inserted into an 
A. tumefaciens or other type of cell which can 
transfer the co-integrate plasmid into plant cells. 

The inserted plasmid, such as pMON128, 
20 combines with the Ti plasmid in the manner represented 
by Figures 9 or 10, depending upon what type of Ti 
plasmid is involved. 

In Figure 9, item 2 represents the T-DNA 
portion of an octopine-type Ti plasmid. Item 4 t 
represents the inserted plasmid, such as pM0N128. When 
these two plasmids co-exist in the same cell, a 
crossover event can occur which results in the 
creation of co-integrate plasmid 6. 

Co-integrate plasmid 6 has one left border 
8, and two right borders 10 and 12. The two right 
borders are designated herein as the "proximal" right 
border 10 (the right border closest to left border 8), 
and the "distal" right border 12 (the right border 
that is more distant from left border 8. Proximate 

f OMPI 



25 



30 



35 



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-26- * 

right border 10 was carried by plasmid 4; the distal 
right border, was contained on Ti plasmid 2 before 
co-integration. 

.5 A culture of A. tumefaciens GV3111 

containing a co-integrate plasmid formed by pMON128 
and wild- type Ti plasmid pTiB653 has been deposited 
with the American Type Culture Center. This culture 
has been assigned accession number 39266. 

- 10 

When co-integrate Ti plasmid 6, shown in 
Figure 9, is inserted into a plant cell, either of two 
regions of DNA may enter the plant genome, T-DNA 
- region 14 or T-DNA region 16. 
15 '•' ' r — • ••• ■ 

T-DNA region 14 is bounded by left border 8 
and proximate right border 10. Region*14 contains the 
chimeric gene and any other genes contained in plasmid 
4, such as the spc/str selectable m&rker and the NOS 
20 scorable marker. However, region 14 does not contain 
any of the T-DNA genes which would cause crown gall 
disease or otherwise disrupt the metabolism or 
regenerative capacity of the plant cell. 

25 T-DNA region 16 contains left border 8 and 

both right borders 10 and 12. This segment of T- DNA 
contains the chimeric gene and any other genes 
contained in plasmid 4. However, T-DNA region 16 also 
contains the T-DNA genes which are believed to cause 

30 crown gall disease. 

Either of the foregoing T-DNA segments, 
Region 14 or Region 16, might be transferred to the 
plant DNA. This is presumed to occur at a 50-50 
35 probability for any given T-DNA transfer. This is 

likely to lead to a mixture of transformed cells, some 




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-27- 

of which axe tumorous .and some or which are 
non- tumorous. It is possible to isolate and cultivate 
non- tumorous cells from the mixture, as described in 
the examples. 

5 

An alternate approach has also been 
developed which avoids the need for isolating tumorous 
from non- tumorous cells. Several mutant strains of 
A.tumefaciens have been isolated which are incapable 
10 of causing crown gall disease. Such strains are 

usually referred to as "disarmed" Ti plasmids. A Ti 
or Ri plasmid may be disarmed by one or more of the 
following types of mutations: 

15 i . Removal or inactivation of one of the 

border. regions. One such disarmed octopine plasmid, 
which has a left border but not a right border, is 
designated as pAL4421; this plasmid is contained in 
A. tumefaciens strain LBA4421 (Ooms et al, 1982; 

20 Garfinkel et al, 1981)- 

2. Removal or inactivation of the one or 
more of the "tumor morphology" genes, designated as 
the tmr and tms genes. See, e.g., Leemans et al, 

25 1982. 

Various other types of disarmed Ti plasmids 
may be prepared using methods known to those skilled 
in the art. See Matzke and Chilton, 1981; Leemans et 
30 al, 1981; Koekman et al, 1979. 

Figure 10 represents an octopine-type Ti 
plasmid with a T-DNA region 22 which undergoes 
mutation to delete the tms and tmr genes and the right 
35 border. This results in a disarmed Ti plasmid with 
partial T-DNA region 24. When plasmid 26 (such as 



WO 84/02919 PCT/US84/00049 

-28- 

pMON128) is inserted into a cell that carries the 
disarmed Ti plasmid 24, a crossover event occurs which 
creates a co-integrate Ti plasmid with disarmed T-DNA 
region 28. The LIH region of homology is repeated in 
5 this Ti plasmid, but the disarmed Ti plasmid does not , 
contain any oncogenic genes. Alternately, if only the - 
right border had been deleted from T-DNA region 22, 
then the tms and tmr genes and the octopine synthase 
(OCS) gene would be contained in the co- integrate 
1G disarmed Ti plasmid; however, they would have been 
located outside of the T-DNA borders. 

The disarmed co-integrate Ti plasmid is used 
15 to infect plant cells, and T-DNA region 28 enters the 
plant genome, as shown by transformed DNA 30. Plant 
cells transformed by disarmed T-DNA 28 have normal 
phytohormone metabolism, and normal capability to be 
regenerated into differentiated plants. 

20 

After pMON128 is inserted into A. 
tumefaciens cells, the desired crossover event will 
occur in a certain fraction of the cells. Cells which 
contain co-integrate plasmids (whether virulent or 

25 disarmed) may be easily selected from other cells in 
which the crossover did not occur, in the following 
manner. Plasmid pMON120 and its derivatives contain a 
marker gene (spc/str), which is expressed in 
A. tumefaciens . However, these plasmids do not 

30 replicate in A. tumefaciens . Therefore, the spc/str 

marker gene will not be replicated or stably inherited 
by A. tumefaciens unless the inserted plasmid combines 
with another plasmid that can replicate in 
A . tumefaciens . The most probable such combination, 

35 due to the region of homology, is the co-integrate, 
formed with the Ti plasmid. A. tumefaciens cells 



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which contain this co- integrate plasmid can readily be 
identified and selected by growth of the cells on 
medium containing either spc or str, or both. 

5 The Ti plasmid 28, shown in- Figure 10, 

contains two LIH regions.* It is possible that 
co-integrate Ti plasmids will undergo a subsequent 
crossover event, wherein the two LIH regions will 
recombine. This event is undesirable, since it can 

10 lead to a deletion of the DNA between the LIH regions, 
including the chimeric gene. However, this is not 
likely to lead to serious difficulties, for two 
reasons • First, this event is likely to occur at a 
relatively low probability, such as about 10-2. 

15 Second, plasmid pMON120 and its derivatives have been 
designed so that the selectable marker gene (spc/str) 
is located in the region of DNA that would be deleted 
by the crossover event. Therefore, the selective 
conditions that "are used to Identify 'and culture 

20 Aqrobacteria cells containing co-integrate plasmids 

will also serve to kill the descendants of cells that 
undergo a subsequent crossover event which eliminates 
the chimeric gene from the Ti plasmid- 
^ ■ 

25 Only one of the LIH regions in the 

co-integrate Ti plasmid will be inserted into the 
plant genome, as shown in Figure 10.. This important 
feature results from the design of pMON120, and it 
distinguishes this co-integrate plasmid from undesired 

30 co-integrate plasmids formed by the prior art. The 
LIH region which lies outside of the T-DNA borders 
will not be inserted into the plant genome. This 
leads to at least two important advantages. First, 
the presence of two LIH regions inserted into the 

35 plant genome could result in crossover events which 
would lead to loss of the inserted genes' in the 



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-30- 

transformed plant cells and their progeny. Second, the 
presence of two regions of DNA homology can 
significantly complicate efforts to analyze the DNA 
inserted into the plant genome (Matzke and Chilton, 
5 1981)- 

After A. tumefaciens cells which contain the 
co-integrate Ti plasmids with the chimeric genes have 
been identified and isolated, the co-integrate 

10 plasmids (or portions thereof) must be inserted into 

the plant cells* Eventually, methods may be developed 
to perform this step directly. In the meantime, a 
method has been developed which may be used 
conveniently- and with good results . This method is 

15 described in two separate copending U.S* patent 

"~ applications , entitled "Transformation of Plant Cells 
by Extended Bacterial Co- Cultivation" serial number 
458,413, and "Rapid Culture of Plant Protoplasts, " 
serial number 458,412, both of which were filed on 

20 January 17, 1983. The method described in those 

applications may be briefly summarized as follows. 

The plant cells to be transformed are 
contacted with enzymes which remove the cell walls. 

25 This converts the plant cells into protoplasts, which 
are viable cells surrounded by membranes. The enzymes 
are removed, and the protoplasts begin to regenerate 
cell wall material. At an appropriate time, the A. 
tumefaciens cells (which contain the co- integrate Ti 

30 plasmids with chimeric genes) are mixed with the plant 
protoplasts. The cells are co-cultivated for a period 
of time which allows the A. tumefaciens to infect the 
plant cells. After an appropriate co-cultivation 
period, the A^ tumefaciens cells are killed, and the 

35 plant cells are propagated. 



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Planf cells which have been transformed 
(i.e., cells which have received DNA from the 
co-integrate Ti plasmids) and their descendants may be 
5 selected by a variety of methods, depending upon the 
type of gene(s) that were inserted into the plant 
genome. For example, certain genes may cause various 
antibiotics to be inactivated; such genes include the 
chimeric NOS-NFT II-NOS gene carried by pMON128. Such 
10 genes may serve as selectable markers; a group of 
cells may be cultured on medium containing the 
antibiotic which is inactivated by the chimeric gene 
product, and only those cells containing the 
selectable marker gene will survive. 

15 

A variety of genes may serve as scorable 
markers in plant cells. For example, pMON120 and its 
derivative plasmids, such as pMON128, carry a nopaline 
synthase (NOS) gene which is expressed in plant cells. 

20 This gene codes for an enzyme which catalyzes the 

formation of nopaline. Nopaline is a non-detrimental 
compound which usually is accumulated at low . 
quantities in most types of plants; it can be easily 
detected by electrophoretic or chromatographic 

25 methods . 

If a plant is transformed by a gene which creates 
a polypeptide that is difficult to detect, then the 
presence of a selectable marker gene (such as the 
30 NOS-NPT II-NOS chimeric gene) or a scorable marker 

gene (such as the NOS gene) in the transforming vector 
may assist in the identification and isolation of 
transformed cells. 




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-32- 

Virtually any desired gene may be inserted 
into pMON120 or other plasmids which are designed to 
form co-integrates with Ti or similar plasmids. For 
example, the Applicants have created a variety of 
5 chimeric genes, which are discussed in the 

previously-cited application, "Chimeric Genes Suitable 
for Expression in Plant Cells." 

The suitability of any gene for use in this 
10 invention may be determined through routine 

experimentation by those skilled in the art. Such 
usage is not limited to chimeric genes; for example, 
this invention may be used to insert multiple copies 
of a natural gene into plant cells. . 

15 

This invention is suitable for use with a 
wide variety of plants, as may be determined through 
routine experimentation by those skilled in the art. 
For example, this invention is likely to be useful to 

20 transform cells from any type of plant which can be 

infected by bacteria from the genus Agrobacterium . It 
is believed that virtually all dicotyledonous plants, 
and certain monocots, can be infected by one or more 
strains of Agr ob ac ter ium . In addition, microorganisms 

25 of the genus Rhizobia are likely to be useful for 

carrying co-integrate plasmids of this invention, as 
may be determined by those skilled in the art. Such 
bacteria might be preferred for certain types of 
transformations or plant types. 

30 

Certain types of plant cells can be cultured 
in vitro and regenerated into differentiated plants 
using techniques known to those skilled in the art. 
Such plant types include potatoes, tomatoes, carrots, 
35 alfalfa and sunflowers. Research in in vitro plant 

culture techniques is progressing rapidly, and methods 




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10 



-33- 



ar likely to be developed to permit the regeneration 
of a much wider range of plants from cells cultured 
in vitro . Cells from any such plant with regenerative 
capacity are likely to be transformable by the 
in vitro co-cultivation method discussed previously, 
as may be determined through routine experimentation 
by those skilled in the art. Such transformed plant 
cells may be regenerated into differentiated plants 
using the procedures described in the examples. 



T **e in vitro co-cultivation method offers 
certain advantages in the transformation of plants 
which are susceptible to in vitro culturing and 

15 regeneration. However, this invention is not limited 
to in vitro cell culture methods. For example, a 
variety of plant shoots and cuttings (including 
soybeans, carrots, and sunflowers) have been 
transformed by contact with A . tumef aciens cells 

20 carrying the co-integrate plasmids of this invention. 
It is also possible to regenerate virtually any type 
of plant from a cutting or shoot. Therefore, it may 
be possible to develop methods of transforming shoots 
or cuttings using virulent or preferably disarmed 

25 co-integrate plasmids of this invention or mixtures 

thereof, and subsequently regenerating the transformed 
shoots or cuttings into differentiated plants which 
pass the inserted genes to their progeny. 

30 As mentioned previously, it is not essential 

to this invention that co -cultivation be utilized to 
transfer the co-integrate plasmids of this invention 
into plant cells. A variety of other methods are 
being used to insert DNA into cells . Such methods 

35 include encapsulation of DNA in liposomes, complexing 
the DNA with chemicals such as polycationic substances 

m 

OMR 




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-34- 

or calcium phosphate, fusion of bacterial spheroplasts 
with plant protoplasts, microinjection of DNA into a 
cell, and induction of DNA. uptake by means of electric 
current. Although such methods have hot been used to 
5 . insert DNA into plant cells with satisfactory - 
efficiency to date r they are being actively researched 
and they may be useful for inserting foreign genes * 
into plant cells, using the intermediate vectors and 
co-integrate plasmids of this invention, or plasmids 
10 derived therefrom* 

This invention may be useful for a wide 
variety of purposes. For example, certain bacterial 
enzymes, such as 5-enol pyruvyl shikimate-3 -phosphoric 

15 acid synthase (EPSP synthase) are inactivated by 
certain herbicides; other enzymes, such as 
glutathione- S -trans f erase (GST), inactivate certain 
herbicides. It may be possible to insert chimeric 
genes into plants which will cause expression of such 

20 enzymes in the plants, thereby causing the plants to 
become resistant to one or more herbicides. This 
would allow for the herbicide, which would normally 
kill the untrans formed plant, to be applied to a field 
of transformed plants. The herbicide would serve as a 

25 weed-killer, leaving the transformed plants undamaged. 

Alternately, it may be possible to insert 
chimeric genes into plants which will cause the plants 
to create mammalian polypeptides, such as insulin, 
30 interferon, growth hormone, etc. At an appropriate ? 
time, the plants (or cultured plant tissue) would be 
harvested. Using a variety of processes which are * 
known to those skilled in the art, the desired protein 
may be extracted from the harvested plant tissue. 



35 



WO 84/02919 PCT/US84/00049 

-35- 

An alternate use of this invention is to 
create plants with high content of desired substances , 
such as storage proteins or other proteins * For 
example, a plant might contain one or more copies of a 
5 gene which codes for a desirable protein- Additional 
copies of this gene may be inserted into the plant by 
means of this invention. Alternately, the structural 
sequence of the gene might be inserted into a chimeric 
gene under the control of a different promoter which 
10 causes prolific transcription of the structural 
sequence. 

The methods of this invention may be used to 
identify, isolate, and study DMA sequences to 

15 determine whether they are capable of promoting or 
otherwise regulating the expression of genes within 
plant cells. For example, the DNA from any type of 
cell can be fragmented, using partial endonuclease 
digestion or other methods. The DNA fragments can be . 

20 . inserted randomly into plasmids similar to pMON128. 

These plasmids, instead of having a full chimeric gene 
such as NOS-NPT II-NOS, will have a partial chimeric 
gene, with a cleavage site for the insertion of DNA 
fragments, rather than a NOS promoter or other 

25 promoter. The plasmids with inserted DNA are then 

inserted into A. tumef aciens , where they can recombine 
with the Ti plasmids. Cells having co-integrate 
plasmids are selected by means of the spc/str or other 
marker gene. The co-integrate plasmids are then 

30 inserted into the plant cells, by bacterial 

co— cultivation or other means. The plant cells will 
contain a selectable marker structural sequence such 
as the NPT II structural sequence, but this structural 
sequence will not be transcribed unless the inserted 

35 DNA fragment serves as a promoter for the structural 
sequence. The plant cells may be selected by growing 



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them on medium containing kanamycin or other 
appropriate antibiotics. 

Using this method, it is possible to 
5 evaluate the promoter regions of bacteria, yeast , 

fungus, algae, other microorganisms, and animal cells 
to determine whether they function as gene promoters 
in various types of plant cells. It is also possible 
to evaluate promoters from one type of plant in other 

10 types of plant cells. By using similar methods and 

varying the cleavage site in the starting plasmid, it 
is possible to evaluate the performance of any DNA 
sequence as a 5' non-translated region, a 3* 
non-translated region, or any other type of regulatory 

15 sequence. 

As used herein, "a piece of DNA" includes 
plasmids, phages, DNA fragments, and polynucleotides, 
whether natural or synthetic. 

As used herein, a "chimeric piece of DNA" is 
limited to a piece of DNA which contains at least two 
portions (i.e., two nucleotide sequences) that were 
derived from different and distinct pieces of DNA. 

25 For example, a chimeric piece of DNA cannot be created 
by merely deleting one or more portions of a naturally 
existing plasmid. A chimeric piece of DNA may be 
produced by a variety of methods, such as ligating two 
fragments from different plasmids together, or by 

30 synthesizing a polynucleotide wherein the sequence of 
bases was determined by analysis of the base sequences 
of two different plasmids. 

As used herein, a chimeric piece of DNA is 
35 limited to DNA which has been assembled, synthesized, 
or otherwise produced as a result of man-made efforts, 




OMPI 

Ukv wipo 



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and any piece of DNA which is replicated or otherwise 
derived therefrom. "Man-made efforts" include 
enzymatic, cellular, and other biological processes, 
if such processes occur under conditions which are 
5 caused, enhanced, or controlled by human effort or 
intervention; this excluses plasmids, phages, and 
polynucleotides which are created solely by natural 
processes. As used herein, the term "derived from" 
shall be construed broadly. Whenever used in a claim, 
10 the term "chimeric 11 shall be a material limitation. 

As used herein, "foreign" DNA includes any 
DNA which is inserted into a pre-existing plant cell. 
A "foreign gene" is a gene which is inserted into a 
15 pre-existing plant cell. 

As used herein, a "marker gene" is a gene 
which confers a phenotypically identifiable trait upon 
the hbsit cell which allows transformed host cells to 
20 be distinguished from non- trans formed cells. This 

includes screenable, scorable, and selectable markers. 

As used herein, a "region of homology" 
refers to a sequence of bases in one plasmid which has 

25 sufficient correlation with a sequence of bases in a 
different plasmid to cause recombination of the 
plasmid to occur at a statistically determinable 
frequency. Preferably, such recombination should 
occur at a frequency which allows for the convenient 

30 selection of cells having combined plasmids, e.g., 

greater than 1 per 10 6 cells. This term is described 
more fully in a variety of publications, e.g., Leemans 
et al, 1981. 

35 Those skilled in the art will recognize, or 

be able to ascertain using no more than routine 




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experimentation, numerous equivalents to the specific 
embodiments of the invention discussed herein* Such 
equivalents are within the scope of this invention. 

5 

Example 1: Creation of Plasmid pM0N41 

A culture of E. coli , carrying a 

10 pBR325 plasmid. (Bolivar, 1978) with the HindIII-23 
fragment of pTiT37 (Hernal s teens , et al, 1980) 
inserted at the Hindi 1 1 site, was obtained from Drs. 
M. Bevan and M.D. Chilton, Washington University, St. 
Louis, MO. Ten micrograms (ug) of the plasmid from 

15 this clone was digested with 10 units of Hindlll 

{unless noted, all restriction endonucleases used in 
these constructions were purchased from New England 
Biolabs, Beverly, MA and used with buffers according 
to the supplier's instructions) for 1 hour at 37°C. 

20 The 3.4 kb Hindi 1 1 -23 fragment was purified by 

adsorption on glass beads (Vogelstein and Gillespie, 
1979) after separation from the other Hindlll 
fragments by electrophoresis on a 0.8% agarose gel. 
The purified 3.4 kb Hindlll fragment (1.0 ug) was 

25 mixed with 1.0 ug of plasmid pBR327 DNA (Soberon, et 
al, 1980) that had been digested with both Hindlll (2 
units, 1 hour, 37°C) and calf alkaline phosphatase 
(CAP; 0.2 units, 1 hour, 37°C), de-proteinized with 
phenol, ethanol precipitated, and resuspended in 10 ul 

30 of TE (10 mM Tris HC1, pH8, 1 mM EDTA). One unit of 
T4 DNA ligase (prepared by the method of Murray et al, 
1979) was added to the fragment mixture. One unit is 
defined as the concentration sufficient to obtain 
greater than 90% circularization of one microgram of 

35 Hindlll linearized pBR327 plasmid in 5 minutes at 

22°C. The mixed fragments were contained in a total 



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volume of 15 ul of 25 mM Tris-HCl pH8, 10 mM MgCl 2 , 1 
mM dithiothreitol, 200 uM spermidine HC1 and 0.75 mM 
ATP (ligase buffer). 

5 The mixture was incubated at 22°C for 3 hours 

and then mixed with . E. coli C600 recA 56 cells that 
were prepared for transformation by treatment with 
CaCl 2 (Maniatis et al, 1982). Following a period for 
expression of the ampicillin resistance determinant 

10 carried by the pBR327 vector, cells were spread on LB 
solid medium plates (Miller, 1972) containing 
ampicillin at 200 ug/ml. After incubation at 37°C for 
16 hours, several hundred clones were obtained. 
Plasmid mini -preps ( Ish-Horowicz and Burke, 1981) were 

15 performed on 24 of these colonies and aliquots of the 
plasmid DNA 1 s obtained : ( 6 . 1~ ug ) were digested with 
Hindi 1 1 to demonstrate the presence of the 3.4 kb. 
Hindi I I fragment. One plasmid demonstrated the 
expected structure and was designated pMON38. pMON38 

20 DNA were prepared by Triton X-100 lysis and CsCl 
gradient procedure (Davis et al, 1980). 

Fifty ug of pMON38 DNA were digested with 
Hindlll and BamHI (50 units each, 2 hours, 37°c) and 
the 2.3 kb Hindi 1 1 -BamHI fragment was purified as 

25 described above. The purified fragment (1 ug) was 

mixed with 1 ug of the 2.9 kb Hindi 1 1 -BamHI fragment 
of the pBR327 vector purified as described above. 
Following ligation (T4 DNA ligase, 2 units) and 
transformation of E. coli cells as described above, 

30 fifty ampicillin-resistant colonies were obtained. 

DNAs from twelve plasmid mini -preps were digested with 
Hindu I and BamHI to ascertain the presence of the 2.3 
kb fragment. One plasmid of the correct structure was 
chosen and designated pM0N41, as shown in Figure 2. A 

35 quantity of this DNA was prepared as described above. 



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Example 2 : Creation of M13 Clone M-4 

Thirty ug of plasmid pMON38 (described in 
Example 1) were digested with Rsal (30 units, 2 hours, 
5 37°C) and the 1100 bp Rsal fragment was purified after 
separation by agarose gel electrophoresis using the 
glass bead method described in the previous example. 
The purified 1100 bp Rsal -Rsal fragment (1 ug) was 
digested with 2 units of BamHI and the BamHI was 

10 inactivated by heating. This DNA was mixed with 0.2 
ug of phage M13mp8RF DNA which had been previously 
digested with Smal and BamHI (2 units each, 1 hour, 
37°C) and 0.2 units of calf alkaline phosphotase (CAP) . 
Following ligation with 100 units of T4 DNA ligase, 

15 transformation of E. coli JM101 cells as described in 
„-the_preyipM^ mixed 
with soft agar and plated under conditions that allow 
the identification of recombinant phage (Massing and > 
Vieira, 1982). Twelve recombinant phage producing 

20 . cells were picked and RF plasmid mini -preps were 

obtained as described in the previous example. The RF 
DNAs were digested with BamHI and Smal to prove the 
presence of the 720 bp Rsal-BamHI fragment. One of 
the recombinant RF DNAs carrying the correct fragment 

25 was designated M13 mp8 M-4. This procedure is 

represented in Figure 3. M-4 RF DNA was prepared 
using the procedures of Ish-Horowicz and Burke, 1981 
and Colman et al, 1978. 

30 Example 3; Construction of PMON109 

Twenty ug of plasmid pGV3106 (Heroalsteens 
et al 1980, prepared by the method of Currier and 
Nester 1976) was digested with Hindlll (20 units, 2 
35 hours, 37°C) and mixed with 2 ug of Hindi 1 1 -digested 



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pBR327. Following ligation (T4 DNA ligase, 2 units) 
and transformation of E-. coli cells as described 
above, one colony resistant to trimethoprim (100 
ug/mi) and ampicillin was obtained. Digestion of 
5 -plasmid DNA from this cell demonstrated the presence 
of a 6 kb Hindi 1 1 fragment. This plasmid was 
designated pMON31. 

Plasmid pMON31 from a mini -prep (0.5 ug) was 
10 digested with EcoRI (1 unit, 1 hour, 37°C) and the 
endonuclease . was inactivated by heating (10 min, 
70°C). The 8.5 kb plasmid fragment was 
re-circularized in a ligation reaction of 100 ul (T4 
DNA ligase, 1 unit) and used to transform E^ coli 
15 cells with selection for ampicillin and streptomycin 

(25 ug/ml) resistant colonies. Plasmid mini -prep DNA 1 s 
from six clones were digested with EcoRI to ascertain 
loss of the 850 bp fragment. One plasmid lacking the 
. 850 bp EcoRI fragment was designated pMON53. This 
20 plasmid was introduced into E. coli GM42 dam- cells 
(Bale et al, 1979) by transformation as described. 

Plasmid pMON53 (0.5 ug) from a mini -prep 
prepared from dam- cells was digested with Clal, and 

25 recircularized in dilute solution as described above. 
Following transformation of E. coli GM42 cells and 
selection for ampicillin and spectinomycin (50 ug/ml) 
resistant clones, fifty colonies were obtained. 
Digestion of plasmid mini -prep DNA T s from six colonies 

30 showed that all lacked the 2 kb Clal fragment. One of 
these plasmids was designated pMON54, as represented 
in Figure 4. Plasmid DNA was prepared as described in 
Example 1. 

35 Plasmid pMON54 DNA (20 ug) was digested with 

EcoRI and PstI (20 units of each, 2 hours, 37°C) and 



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the 4.8 kb fragment was purified from agarose gels 
using NA-45 membrane (Schleicher and Schuell, Keene, 
N.H. ) . 

5 The purified 4.8 kb fragment (0.5 ug) was 

mixed with 0.3 ug of a 740 bp EcoRI -PstI fragment 
obtained from M13mp8 M-4 RF DNA (described in Example 
2) which was purified using NA-45 membrane. Following 
ligation (T4 DNA ligase, 2 units), transformation of 

10 E. coli GM42 dam- cells, and selection for 

spectinomycin resistant cells, twenty colonies were 
obtained. Plasmid mini -prep DNA 1 s prepared from 
twelve of these clones were digested with PstI and 
EcoRI to demonstrate the presence of the 740 bp 

15 fragment. One plasmid carrying this fragment was 

designated L pMON64. A guanti^ oif this plasmid DNA was 
prepared as described in Example 1. 

DNA (0.5 ug) of pMON64 was digested with 
20 Clal (1 unit, 1 hour, 37°C), the, Clal was heat 

inactivated, and the fragments rejoined with T4 DNA 
ligase ( ^1 unit).. Following transformation and 
selection for spectinomycin resistant cells, plasmid 
mini-preps from twelve colonies were made. * The DNA's 
25 were digested with BamHI and EcoRI to determine the 
orientation of the 2 kb Clal fragment. Half of the 
clones contained the Clal fragment in the inverse 
orientation of that in pM0N64. One of these plasmids 
was designated pMON109, as represented in Figure 5. 
30 DNA was prepared as described in Example 1. 

Example 4: Creation of plasmid PMON113 

Plasmid pNW31C-8,29C (Thomashow et al, 1980) 
35 was obtained from Dr. S. Gelvin of Purdue University, 
West Lafayette, IN. This plasmid carries the pTiA6 




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7.5 kb Bam- 8 fragment. The Bam-8 fragment was 
purified from 50 ug of BamHI-digested pNW31C-8,2?C 
using NA-45 membrane as described in previous 
examples. The purified 7.5 kb Bam-8 fragment (1.0 ug) 
5 was mixed with 0 .5 ug of pBR327 vector DNA which had 
been previously digested with both BamHI (2 units) and 
0.2 units of calf alkaline phosphatase (CAP) for 1 
hour at 37°C; the mixture was deproteinized and 
resuspended as described in previous examples. The 

10 mixed fragments were treated with T4 ligase (2 units), 
used to transform E. coli C600 recA cells and 
ampicillin-resistant colonies were selected as 
described previously. Mini-preps to obtain plasmid 
DNA were performed on twelve of these clones. The DNA 

15 was digested with BamHI to demonstrate the presence of 
the pBR327 vector and 7.5 kb Bam-8 fragments. One 
plasmid demonstrating both fragments was designated 
pMON90. DNA was prepared as described in Example 1. 

20 ' Twenty-five ug of pMON90 DNA were digested 

with Bglll (25 units, 2 hours,^ 37°C) the 2.6 kb 
Bglll fragment was purified using NA-45 membrane. To 
create blunt ends, the fragment (2 ug) was resuspended 
in 10 ul of 50 mM NaCl, 6.6 mM Tris-HCl pH8, 6.6 mM 

25 MgCl 2 and 0.5 mM dithiothreitol (Klenow Buffer). The 
4 deoxy-nucleoside triphosphates (dATP, dTTP ,~ dCTF, 
and dGTP) were added to a final concentration of 1 mM. 
and one unit of E. coli large Klenow fragment of DNA 
polymerase I (New England Biolabs, Beverly, MA) was 

30 added. After incubation for 20 minutes at 22°C, the 

Klenow polymerase was heat inactivated and 10 units of 
Hindi I I was added. The Hindi I I digestion was carried 
out for 1 hour at 37°C and then the enzyme was heat 
inactivated. The Hindlll-Bglll (blunt) fragments (1 

35 ug) were added to 0.25 ug of the 2.2 kb Hindlll-PvuII 
fragment of pBR322 (Bolivar, et al, 1977) which had 




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been generated by Hindi 1 1 and PvuII digestion then 
treating with calf alkaline phosphatase as described 
in previous examples. After ligation using 100 units 
of T4 DNA ligase, transformation of E. coli LE392 
5 cells and selection of ampicillin-resistant colonies 
as described in previous examples, nineteen colonies 
were obtained. Plasmid mini -preps were prepared from 
twelve colonies and digested with Hindi 1 1 to determine 
the size of the recombinant plasmid and with Smal to 
10 determine that the correct fragment had been inserted. 
One plasmid with the correct structure was designated 
pMON113 , as shown in Figure 6 . Plasmid DNA was 
prepared as described in Example 1 * 

15 Example 5: Creation of Plasmid PMON120 

Twenty ug of plasmid pMON109 (described in 
Example 3) were digested with EcoRI and BamHI (20 
units each, 2 hours, 37°C) and the 3.4 kb BamHI -EcoRI 

20 fragment was purified using NA-45 membrane as 

described in previous examples. Twenty ug of plasmid 
pM0N41 (described in Example 1) were digested with 
BamHI and Pvul (20 units each, 2 hours, 37°C) and the 
1.5 kb BamHI -Pvul fragment purified using NA-45 

25 , membrane as described in previous examples. 

Twenty ug of pMON113 DNA (described in 
Example 4) were digested with Pvul and EcoRI (2 units 
each, 2 hr, 37°C) and the 3.1 kb PvuI-EcoRI fragment 

30 was purified using NA-45 membrane as above. To 
assemble plasmid pMON120, the 3.1 kb EcoRI-PvuI 
pM0N113 fragment (1.5 ug) was mixed with 1.5 ug of the 
3.4 kb EcoRI -BamHI fragment from pMON109. After 
treatment with T4 ligase (3 units) for 16 hours at 

35 10°C, the ligase was inactivated by heating (10 
minutes, 70°C), and 5 units of BamHI was added. 




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Dig stion continued for 30 minutes at 37°C at which 
time the BamHI endonuclease was inactivated by heating 
as above. Next, 0.75 ug of the 1.5 kb PvuI-BamHI 
fragment from pM0N4l was added along with T4 DNA 
5 ligase ( 2 units) and fresh ATP to 0.75 mM final 

concentration. The final ligase reaction was carried 
out for 4 hours at 22°C at which time the mixture was 
used to transform E. coli LE 392 cells with subsequent 
selection for spectinomycin resistant cells as 

10^ described previously* Plasmid mini-preps from twelve 
out of several thousand colonies were screened for 
plasmids of approximately 8 kb in size containing 
single sites for BamHI and EcoRI. One plasmid showing 
the correct structure was designated pMON120, which is 

15 shown in Figure 7 with an alternate method of 

construction. pMON120 DNA was prepared as described 
in Example 1. 

A culture of E. coli containing pMON120 has 
20 been deposited with the American Type Culture 

Collection. This culture has been assigned accession 
number 39263. 

Example 6; Creation of Plasmids pMON128 and 
25 PMON129 

Plasmid pMON75 (described in detail in a 
separate application entitled "Chimeric Genes Suitable 
for Expression in Plant Cells," previously cited) 
30 contains a chimeric NOS-NPT II-NOS gene. This plasmid 
(and pMON128, described below) may be digested by 
EcoRI and a 1.5 kb fragment may be purified which 
contains the NOS-NPT II-NOS gene. 

35 Plasmid pMON120 was digested with EcoRI and 

treated with calf alkaline phosphatase. After phenol 




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deproteinization and ethanol precipitation, the 
EcoRI-cleaved pMON120 linear DNA was mixed with 0.5 ug 
of the 1.5 fcb EcoRI chimeric gene fragment from pMON75 
or 76. The mixture was treated with 2 units of T4 DNA 
5 ligase for 1 hour at 22°C. After transformation of 
E. coli cells and selection of colonies resistant to 
spectinomycin (50 ug/ml ) , several thousand colonies 
appeared. Six of these were picked, grown, and plasmid 
mini -preps made. The plasmid DNA's were digested with 

10 EcoRI to check for the 1.5 kb chimeric gene insert and 
with BamHI to determine the orientation of the insert. 
BamHI digestion showned that in pMON128 the chimeric 
gene was transcribed in the same direction as the 
intact nopaline synthase gene of pMON120. A culture 

15 of E. coli containing pMON128 has been deposited with 
the American Type Culture Collection. This culture 
has been assigned accession number 39264. The 
orientation of the insert in pMON129 was opposite that 
in pMON128; the "appearance of an additional 1.5 kb 

20 BamHI fragment in digests of pMON129 showed that 

plasmid pM0N129 carried a tandem duplication of the 
chimeric NOS-NET II-NOS gene, as shown in Figure 8. 

Example 7: Creation of Co-integrate Plasmid 
25 PMON128: :pTiB6S3TraC 

Plasmid pMON128 (described in Example 6) was 
transferred to a chloramphenicol resistant 
Agrobacterium tumefaciens strain GV3111=C58C1 carrying 

30 Ti plasmid pTiB6S3tra c (Leemans, et al, 1982) using a 
tri-parental plate mating procedure, as follows. 0.2 
ml of a culture of E. coli carrying pMON128 was mixed 
with 0.2 ml of a culture of E. coli strain HB101 
carrying a pRK2013 plasmid (Ditta, et al, 1980) and 

35 0.2 ml of GV3111 cells. The mixture of cells was 

cultured in Luria Broth (LB), spread on an LB plate, 



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10 



and incubated for 16 to 24 hours at 30°C to allow 
plasmid transfer and generation of co-integrate 
plasmids. The cells were resuspended in 3 ml of 10 mM 
MgS0 4 and 0.2 ml aliquot was then spread on an LB 
plate containing 25 ug/ml chloramphenicol and 100 
ug/ml each of spectinomycin . and streptomycin. After 
incubation for 48 hr.at 30°C approximately 10 colonies 
were obtained. One colony was chosen and grown at 
30°C in LB medium containing chloramphenicol, 
spectinomycin, and streptomycin at the concentrations 
given above. 



15 



20 



A separate type of co-integrate plasmid for 
use in control experiments was prepared by inserting 
pMON120 into A. tumefaciens cells, and selecting for 
cells with co-integrate plasmids using spectinomycin 
and streptomycin, as described above. Like pMON120, 
these plasmids do not contain the chimeric NOS-NPT 
II-NOS gene. 

Example 8; Solutions Used in Plant Cell Cultures 



25 



The following solutions were used by the 
Applicants: 

per liter 



Enzyme mix: 



30 



35 



MS9: 



Cellulysin 
Macerozyme 
Ampicillin 

CaCI- 

MgS0^.7H~0 
KI * * 
CuS0 4 .5H 2 0 
Mannltol^ 

MS salts (see below) 
Sucrose 



5 g 
0.7 g 
0.4 g 
27.2 mg 
101 mg 
1.48 g 
246 mg 
0.16 mg 
0.025 mg 
110 g 

4.3 g 
30.0 g 



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B5 vitamins (see below) 1 ml 



Mannitol 90.0 g 
Phytohormones: 

Benzyladenizie (BA) 0.5 mg 

5 2,4-D 1 mg 

MS-ES MS salts 4.3 g 

Sucrose 30 g 

B5 Vitamins " 1 ml 

Mannitol 30 g 

10 Carbenicillin 10 mg 

Phytohormones: 

Indole acetic acid 0*1 mg 

MSO: MS salts 4.3 g 

Sucrose 30.0 g 

15 B5 vitamins 1 ml 

Feeder plate MS salts 4.3 g 

medium: Sucrose 30.0 g 

B5 vitamins 1 ml 

Mannitol 30.0 g 
20 Phytohormones: - 

BA 0.5 mg 

Ms2C MS salts 4.3 g 

Sucrose 30 g 
B5 vitamins 1 ml 

25 Phytohormones: 

chlorophenoxyacetic 2 mg 
acid 

MS104: MS salts 4-3 g 

Sucrose 30.0 g 

30 B5 vitamins 1 ml 

Phytohormones : 

BA 0.1 mg 

NAA 1 mg 

MS 11: MS salts 4.3 g 

35 Sucrose 30.0 g 

B5 vitamins 1 ml 
Phytohormones: 

Zeatin 1 mg 

B5 Vitamin myo.- inositol 100 g 

40 stock: thiamine HCl 10 g 

nicotinic acid 1 g - 

pyrodoxine HCl 1 g 

Float rinse: MS salts 0.43 g 

Sucrose 171.2 g 

45 PVP-40 40.0 g 



MS salts are purchased pre-mixed 
as a dry powder from Gibco Laboratories, Grand Island, 
N.Y. 

50 Example 9: Preparation of Protoplasts 




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Mitchell petunia plants were grown in growth 
chambers with two or three banks of fluorescent lamps 
and two banks of incandescent bulbs (about 5,000 lux). 
5 The temperature was maintained at a constant 21°C and 
the lights were on for 12 hours per day- Plants were 
grown in a 50/50 mix of Vermiculite and Pro-mix BX 
(Premier Brands Inc., Canada). Plants were watered 
once a day with Hoagland's nutrient solution. Tissue 

10 was taken from dark green plants with compact, bushy 
growth- Leaves were sterilized in a solution of 10% 
commercial bleach and a small amount of detergent or 
Tween 20 for 20 minutes with occasional agitation. 
Leaves were rinsed two or three times with sterile 

15 distilled water, Thin strips (about 1 mm) were cut 

from the leaves, perpendicular to the main rib. The' 
strips were placed in the enzyme mix at a ratio of 
about 1 g tissue to 10 ml enzymes. The dishes were 
sealed with parafilm, and incubated in the dark or 

20 under low, indirect light while gently agitating 
continuously (e.g., 40 rpm on gyrotary shaker). 
Enzymic incubations generally were run overnight, 
about 16-20 hours. 

25 The digestion mixture was sieved through a 

68, 74, or 88 urn screen to remove large debris and 
leaf material. The filtrate was spun at 70-100 g for 
five minutes to pellet the protoplasts. The 
supernatant was decanted and the pellet was gently 

30 resuspended in float rinse solution. This suspension 
was poured into babcock bottles. The bottles were . 
filled to 2 or 3 cm above the base of the neck. 1 ml 
of growth medium MS 9 was carefully layered on top of 
the float rinse. 



35 



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The Babcock bottles were balanced and 
centrifuged at 500 to 1000 rpm for 10 to 20 minutes. 
The protoplasts formed a compact band in the neck at 
the interface. The band was removed with a pipette, ^ 
5 taking care not to pick up any excess float rinse. 

The protoplasts were diluted into MS9. At this point, 
the protoplasts were washed with MS 9 or. diluted for 
plating without washing. 

10 Protoplasts were suspended in MS 9 medium at 

4 

5 x 10 per ml, and plated into T-75 flasks, at 6 ml 
per flask. Flasks were incubated on a level surface 
with dim, indirect light or in the dark at 26-28°C. 
On the third day following the removal of the enzymes 

15 from the leaf tissue, MSO (medium which does not 

contain mannitol ) -was added to each flask, using an 
amount equal to one-half the original volume. The 
same amount of MSO is added again on day 4. This 
reduces the "mannitol concentration to about 0.33 M 

20 after the first dilution, and about 0.25 M after the 
second dilution. 

Example 10: Co-cultivation with Bacteria 

On day 5 following protoplast isolation, 
25 five to seven day old tobacco suspension cultures (TXD 
cells) were diluted (if necessary) with MS2C medium to 
the point where 1 ml would spread easily over the 
surface of agar medium in a 100 x 15 mm petri plate 
[this is a 10 to 15% suspension (w/v)] . The agar 
30 medium was obtained by mixing 0.8% agar with MS-ES 
medium, autoclaving the mixture, and cooling the 
mixture until it solidifies in the plate. One ml of 
the TXD suspension was spread over 25 ml of feeder 
plate medium. An 8.5 cm disc of Whatman #1 filter 
35 paper was laid over the TXD feeder cells and smoothed 



WO 84/02919 



PCT/US84/00049 



-51- 

out. A 7 cm disc of the same paper was placed in the 
center of the larger one. 

Separately, aliquots of a culture of A^ 
5 tumefaciens cells (grown in yeast extract peptone 

medium) were added to the flasks which contained the 
plant cells* One set of aliquots contained cells with 
the pMON128::Ti co- integrate plasmids having. chimeric. 
NOS-NPT II-NOS genes. The other set of aliquots 
10 contained cells with the pMON120: :Ti co-integrate 

plasmids, which do not have chimeric NOS-NPT II-NOS 
genes v 

The bacteria were , added to. the. flasks to- a^- 
15 density of 10 8 cells/ml. 0.5 ml of the cell mixture 
was spread in a thin layer on the surface of the 7 cm 
filter paper disc. The plates were wrapped in 
parafilm or plastic bags and incubated under direct 
fluorescent lighting, no more than five plates in a 
20 stack. 

Within seven days, colonies were 
discernable. Within 14 days, the 7 cm discs, with 
colonies adhering to them, were transferred to new MSO 

25 agar medium (without feeder cells) containing 500 

ug/ml carbenicillin, as well as 50 ug/ml of kanamycih 
sulfate (Sigma, St. Louis, MO), within two weeks, 
vigorously growing green colonies could be observed on 
the plates which contained plant cells that had been 

30 co-cultured with A^ tumefaciens strains containing the 
pMON128 co-integrate NOS-NPT II plasmid. No 
transformed colonies were detected on plates which 
contained plant cells that had been co-cultured with 
A. tumefaciens strains containing the pMON120 

35 co-integrate plasmid. The kanamycin resistant 

trans formants are capable of sustained growth in 



WO 84/02919 



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-52- 

culture medium containing kanamycin. Southern 
blotting experiments (as described in £. Southern, 
J. Mol. Biol. 98 : 503 (1975)) confirmed that these 
cells contain the chimeric NOS-NPT II gene. 

5 

Both, sets of transformed cells (and a third 
set of cells which had been transformed in the same 
manner by a chimeric gene coding for the enzyme NPT 
type I) were assayed for resistance to kanamycin. The 
10 ... results are indicated in Figure 11. 

Example 11: Regeneration of Transformed Plants 

The transformed kanamycin^ resistant colonies 
15 described in Example 10 contained both tumorous and 
non- tumorous cells, as -.described in Figure 9 and the 
related text. The following procedure was used to 
isolate non- tumorous transformed cells from tumorous 
transformed cells, and to regenerate differentiated 
20 , plant tissue from the non-tumorous cells. 



Colonies were grown on MS10.4 agar medium 
containing 30 ug/ml kanamycin sulfate and 500 ug/ml 
carbenicillin until they reached about 1 cm in 
diameter. Predominantly tumorous colonies appear a 

25 somewhat paler shade of green and are more loosely 
organized than predominantly non-tumorous colonies 
were removed from the MS 104 medium by tweezers and 
placed upon MS11 medium containing 30 ug/ml kanamycin 
and 500 ug/ml carbenicillin. As the colonies 

30 continued to grow, colonies that appeared pale green 
and loosely organized were removed and discarded. 



35 



MS 11 medium contains zeatin, a phytohormone 
which induces shooting formation in non-tumorous 
colonies. Several shoots were eventually observed 



WO 84/02919 



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sprouting front kanaraycin-resistant colonies. These 
shoots may be grown to a desired size, and cut off by 
a sharp blade, and inserted into agar medium without 
phytohormones , such as MSb, where it may generate 
5 roots. If desired, the medium may be supplemented by 
napthalene acetic acid to induce rooting. The plants 
may be grown to a desired size in the agar medium r and 
then transferred into soil. If properly cultivated, 
such plants will grow to maturity and generate seed. 
10 The acquired trait will be inherited by progeny 
according to classic Mendelian genetics. 



References ; 

15 A. Bale et al, Mut. Res. 59 : 157 (1979) 

F. Bolivar, Gene 4 : 121 (1978) 

A. Braun and H. Wood, Proc. Natl. Acad. Sci. USA 73 : 
496 (1976) 

M. D. Chilton et al , Cell 11 : 263 (1977) 
20 A. Colman et al, Eur. J. Biochem 91 : 303-310 (1978) 

T. Currier and E. Nester, J. Bact. 126 : 157 (1976) 
M. Davey et al, Plant Sci. Lett. 18 : 307 (1980) 
R. w. Davis et al, Advanced Bacterial Genetics 
Cold Spring Harbor Laboratory, New York, (1980) 
25 H. De Greve et al, Flasmid 6 : 235 (1981) 

G. Ditta et al, Proc. Natl. Acad. Sci. USA 77 : 7347 
(1980) 

D. Garfinkel et al, Cell 27 : 143 (1981) 
S. Hasezawa et al, Mol. Gen. Genet. 182 : 206 (1981) 
30 J . Hernalsteens et al, Nature 287 : 654 (1980), 

D. Ish-Horowicz and J. F. Burke, Nucleic Acids 
Res. 9 : 2989-2998 (1981) 

B. Koekman et al, J.. 'Bacterid. 141 : 129 (1979) 
F. Krens et al. Nature 296 : 72 (1982) 

35 J. Leemans et al, J. Mol. Appl. Genet. 1 : 149 (1981) 




WO 84/02919 



PCT/US84/00049 



J. Leemans et al, . The EMBO J. 1 ; 147 (1982) 

A. L. Lehrunger, Biochemistry , 2nd ed. (Worth Publ.., 
1975) 

P. Lurquin, Nucleic Acids . Res. 6 ; 3773 (1979) 
5 T. Maniatis et al r Molecular Cloning, A Laboratory 

Manual (Cold Spring Harbor Labs, 1982) 
L. Marton et al, Nature 277 : 129 (1979) 
T. Matzke and M-D Chilton, J, Mol. Appl. Genet. 1 : 
39 (1981) 

10 J. Messing et al, Nucleic Acids Res. 9 ; 309 (1981) 

J. Messing and J. Vieira, Gene 19: 269-276 (1982) 
J. Miller, Experiments in Molecular Genetics , Cold 

Spring Harbor Laboratory, N.Y. (1972) 
N. Murray et al, J. Mol. Biol. 132 : 493 (1979) 
15 G. Ooms et al, Plasmid 7 : 15 (1982) 

L. Otten and R. Schilperoort, Biochim. Biophys 

Acta 527 ; 497 (1978) 
L. Otten, Mol. Gen, Genet. 183 : 209 (1981) 
R. Roberts, Nucleic Acids Res. 10 : r!17 (1982) 
20 A. Rorscfa and R. Schilperoort, Genetic Engineering , 

189 Elsevier/North Holland, N.Y. (1978) 
J. K. Setlow and A. Hollaender, Genetic 

Engineering, Principles and Methods (Plenum Press 

1979) 

25 X. Soberon et al, Gene 9 :' 287 (1980) 

L. Stryer, Biochemistry , 2nd. ed. (W. H. Freeman and 
Co., 1981) 

M. Thomashow et al, Cell 19 : 729 (1980) 

B. Vogelstein and D. Gillespie, Proc. Natl. Acad. 
30 Sci. i 615-619 (1979) 

L. Willmitzer et al. Nature 287 : 359 (1980) 
L. Willmitzer et al. The EMBO J 1 : 139 (1982) r 




WO 84/02919 



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N. Yadev et al, Nature 287 : 1 (1980) 
F.. Yang et al, Mol. Gen. Genet. 177 : 707 (1980) 
P. Zambryski et al, J. Mol. Appl. Genet. 1 : 361 
(1982) 



WO 84/02919 



PCT7US84/00G49 



-56- 
CLAIMS 

1. A chimeric plasmid comprising the 
following elements, in sequence: 

5 a. a first sequence of bases which is 

replicated or derived from a first T-DNA border; 
b. a second sequence of bases comprising one or 
more genes which are expressed in one or more 
types of plant cells ; 
10 c. a third sequence of bases which 

comprises a region of homology with a Ti plasmid, 
wherein the third sequence is homologous to a 
selected sequence of bases which is located in a 
wide-type Ti plasmid between: 
15 (1) a T-DNA border which is complementary 

to. the first T-DNA border, and 
(2) one or more tumori genie genes on the 
Ti plasmid. 

2. A chimeric plasmid of Claim 1, 

20 comprising a gene which functions as a marker in one 
or more types of microorganisms in which the Ti 
plasmid replicates. 

3. A chimeric plasmid of Claim 2, 

wherein the gene functions as a selectable marker. 
25 4. A chimeric plasmid of Claim 1, 

comprising a gene which functions as a marker in 
one or more types of plant cells* 




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5. A chimeric plasmid of Claim 4, 
wherein the gene functions as a scorable marker* 

6. A chimeric plasmid of Claim 5 

wherein at least one gene is expressed in plant cells 
5 into a polypeptide which catalyzes the production of 
one or more opine substances in plant cells. 

7. A chimeric plasmid of Claim 4 

wherein the gene functions as a selectable marker. 

a. A chimeric plasmid of Claim 1 

10 comprising a first gene which functions as a marker 
in one or more types of microorganisms which are 
capable of containing the Ti plasmid and a second 
gene which functions as a marker in one or more types 
of plant cells. 

15 9. A chimeric plasmid of Claim 1, which 

does not replicate in one or more types of 
microorgansims in which the Ti plasmid replicates. 

10. A chimeric plasmid comprising the 
following elements , in sequence: , 

20 a. a first sequence of bases which is 

replicated or derived from a first T-DNA border; 

b. a second sequence of bases comprising one or 
more genes which are expressed in one or more 
types of plant cells; and 

25 c. a third sequence of bases which comprises 

a region of homology with a Ti plasmid, 
wherein the third sequence is the only sequence of 
bases havnig substantial homology with any sequence 
of bases within the Ti plasmid. 

30 



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-58- 

11. A chimeric plasmid of Claim 10., 
comprising a gene which functions as a marker in one 
or more types of microorganisms in which the Ti 
plasmid replicates . 
5 12. A chimeric plasmid of Claim 11, ? 

wherein the gene functions as a selectable marker. 

13 . A chimeric plasmid of Claim 10,, * 
comprising a gene which functions as a marker in 
one or more types of plant cells. 
10 14. A chimeric plasmid of Claim 13 

wherein the gene functions as a scorable marker. 

15 . A chimeric plasmid of Claim 13 
wherein the gene is expressed in plant cells into 
a polypeptide which catalyzes the production of 
15 one or more opine substances in plant cells. 

16. A chimeric plasmid. of Claim 13 

wherein the gene functions as a selectable marker. 

17. A chimeric plasmid of Claim 10 
comprising a first gene which functions as a 

20 marker in one or more types of microorganisms in 
-> which the Ti plasmid replicates and a second gene 
which functions as a marker in one or more types 
of plant cells. 

18. A chimeric plasmid, comprising the 
25 following elements , in sequence: 

a. a first sequence of bases which is 
capable of serving as a first T-DNA border; 

b. a second sequence of bases comprising 
a gene which is expressed in plant cells; 

30 c. a third sequence of bases which * 

comprises a region of homology with a Ti plasmid, 



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-59- 

wherein the chimeric plasmid is capable of forming 
a co-integrate plasmid with the Ti plasmid by 
means of a single crossover event at the region of 
homology, wherein the co-integrate plasmid will 
5 contain a fourth sequence of bases comprising the 
first T-DNA border, the second seguence of bases, 
and a complementary T-DNA border, wherein the 
fourth seguence of bases will not contain any 
tumorigenic genes. 

10 19. A chimeric plasmid of Claim 18, 

comprising a gene which functions as a marker in 
one or more types of microorganisms in which 
the Ti plasmid replicates. 

20. A chimeric plasmid of Claim 18, 

15 comprising a gene which functions as a marker in 
one or more types of plant cells. 

■21. A chimeric plasmid of Claim 18 
comprising a first gene which functions as a 
marker in one or more types of microorganisms 

20 which the Ti plasmid replicates and a second 
gene which functions as a marker in one or 
more types of plant cells. 

22. A chimeric plasmid comprising 
the following elements: 

25 a. a first seguence of bases which is 

replicated or derived from a first T-DNA border; 

b. a gene which is expressed- in plant 
cells; and, 

c. a second sequence of bases which is 

30 replicated or derived from a second T-DNA border 

which is complementary to the first T-DNA border, 



WO 84/02919 PCT/US84/00049 

-60- 

vherein there are no base sequences between the 
two T-DNA borders which would render a host plant 
cell tumorous or incapable of regeneration into a 
morphologically normal plant* 
5 23. A plasmid containing the chimeric plasmid 

of Claim 22. 

24. A plasmid of Claim 23 which is obtained 
by inserting DNA into a Ti plasmid. 

25. A plasmid of Claim 24 which contains a 
10 gene which functions as a marker in one or more 

types of microorganisms in which the Ti plasmid 
replicates. 

26. A plasmid of Claim 24 which contains a 

gene which functions as a marker in one or more types 
15 of plant cells. 

27. A plasmid of Claim 24 which contains a first 
gene which functions as a marker in one or more types 
of microorganisms in which the Ti pl&smid replicates 
and a second gene which functions as a 

20 marker in one or more types of plant cells. 

28. A microorganism which contains a 
chimeric plasmid of Claim 1. 

29. A microorganism which contains a 
chimeric plasmid of Claim 8. 

25 30. A microorganism which contains a 

chimeric plasmid of Claim 18. 

31. A microorganism which contains a 
chimeric plasmid of Claim 21. 

32. A microorganism which contains a 
30 chimeric plasmid of Claim 22. 

33 - A microorganism which contains a 
chimeric plasmid of Claim 27. 



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PCT/US84/00049 



34. A plasmid having the relevant charac- 
teristics of plasmids contained within a culture of 
cells having an ATCC accession number selected from the 
group consisting of 39263, 39264, 39266. 
5^ 35. A culture of cells descended from a 

culture, of cells having an ATCC accession number 
selected from the group consisting of 39263, 39264, 
39266. 



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l/l I 



ISOLATE DNA SEQUENCE WITH MARKER GENE FOR 
SELECTION OF A. TUM. CONTAINING COINTEGRATE 
PLASM I OS 



(pMON 109) 



ISOLATE ONA SEQUENCE WITH 
T-DNA BORDER FROM Tl PLAS- 
MIO ( optional: PLANT 
SCORABLE MARKER) 



(pMON 41) 



ISOLATE DNA SEQUENCE WITH 
REGION HOMOLOGOUS TO PART 
OF T-DNA OF Tl PLASMID 



(pMON 113) 



LIGATE 3 SEQUENCES IN PROPER ORIENTATION "| 



(pMON 120) 

| INSERT CHIMERIC GENE INTO PLASMID \ 



.(pMON 126) 



T 



I NSERT PLASMID INTO ItCOU.; 
MATE E. C OLI ; WITH A .TUMEFACIENS 



INSERT PLASMID INTO A. TUMEFACIENS 
CONTAI NING (DISARMED) Tl PLASMID 



SELECT A. TUMEFACIENS CELLS WITH 
CO-INTEGRATED Tl PLASMIDS HAVING 
CHIMERIC GENES 



CO- CULTIVATE A. TUMEFACIENS WITH 
PLANT CELLS; ALLOW TRANSFER OF 
CO-INTEGRATE PLASMIDS INTO PLANT 
CELLS 



CULTIVATE PLANT ( 
CELLS HAVING(EXF 
GENE OR SCORABl 


SELL .IDENTIFY PLANT 
SESSION 0F)CHIMER1C 
£ MARKER 






REGENERATE PLANT CELLS INTO PLANTS j 



FIG. I. 



SUBSTITUTE SHEET 



WO 84/02919 



PCT/US84/00049 



2/11 



LEFT 
BORDER 



Hind III 
Bom HI 




FIG. 2, 



Hind III 



Hind III 



DIGEST WITH Hind III 
PURIFY 3.4Kb Hind 111-23 
FRAGMENT 



Bom HI 



Pvu I Hind III 

tr\ 1 



Hind III 




RIGHT 
BORDER 



NOS GENE 

DIGEST WITH / 

Hind III CMIX.LIGATE, TRANSFORM, 

CAP \ SELECT AmpRCELLS 

Pvu I 



Hind III 

Bam HI 





*RIGHT 
BORDER 



Bom HI 



DIGEST WITH / « Hind III 

BamHI, Hind III /DIGEST WITH 
PURIFY 2.9 Kb / Bam H I , Hind III 
FRAGMENT | PURIFY 2.3 Kb 
FRAGMENT • 



MIX, LIGATE.TRANSFORM, 
SELECT Amp R CELLS 




Pvu I 



RIGHT 
BORDER 



Bom HI 



SUBSTITUTE SHEET 



Utv -woo ,»y 



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PCT/US84/00049 



3/1 1 



Hind til 




DIGEST WITH Rsa I 
PURIFY NOObp 
FRAGMENT 



R so I _ B _ Rso I 

l Clo Bam HI i 



01 _ u _ NOPALINE SYNTHASE 

»«o Jcro 3' PORTION 

BORDER 



Hind III 

Rso l-^CIa I 



Rsa I 
Bam HI 



Sma I 
EcoRI- I ' Bom H l 




DIGEST 
Bam HI 



Rsa I 



FIG.3. 



Clo I Bam HI BamHI 

• — i t=i 



NOS 3* 
DIGEST Sma l t PORTION 
BamHI CAP 



MIX.LIGATE.IDENTIFY 
RECOMBINANT PHAGE 



EcoRI-i Cla I 



NOS POLY- A 
SIGNAL 




SUBSTITUTE SHEET 



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PCT/US84/00049 



4/11 



pGV3l06 = pTiT37 nosi: Tn7 




§UMTITUtC SHEET 



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PCT/US84/00049 



5/11 



EcoRI 



EcoRI 



Clal 



Bom HI 




DIGEST WITH Clof 
LIGATE.TRANS - 
FORM, SELECT 
SpcR CELLS 



EcoRI 



Clo I 



FIG. 5. 



SUBSTITUTE SHEET 



OMR 



K> wipo 



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PCT/US84/00049 



6/1! 



OCTOPINE-TYPE Ti PLASMID T-DNA 



Bom -8 



.T-DNA 
* .RIGHT 
/BORDER 



Bam I 



> T-DNA BamH! ' Bam HI 

LI ' ' 



LEFT BORDER 



BamHI 



Bam H t 




p Ti A6 FRAGMENT CLONED IN 
p BR 322 ATTHE BamHI SITE 
TO YIELD pNW 3IC -8, 29-1 

^DIGEST pNW 310-8,29-1 DNA 
.WITH Bam HI PURIFY THE 7.5Kb 
BamHI FRAGMENT 



DIGEST WITH 
BamHI , CAP 



w MIX,LIGATE,TRANSFORM f 
SELECT Amp* CELLS 



BamHI 



Bgl II 



DIGEST WITH Bgl II 
Bgl II PURIFY 2.6Kb 
Sma. Hind III ^ FRAGMENT 
I 



■ i 



CREATE BLUNT ENDS 
WITH KLENOW POLY- 
MERASE + 4dNTPs Bflm 



DIGEST WITH Hind III 



Bgl II 



Hind III 




Bgl II 



Bgl II 



Bgl II (BLUNT) 



Bgl 11/ Pvu II 



Sma I 




L DIGEST Pvu II, Hind III 
PURIFY 2.2 Kb 
i FRAGMENT 



MIX, LI GATE, 
TRANSFORM. 
SELECT Amp* 
CELLS 



Sm0 1 Hind III 
Pvu II 




Hind III — M 1 — EcoRI 
Clal 



FIG. 6. 



Hind III - J | , -EcoRI 
Clol 



SUBSTITUTE SHEET 




WO 84/02919 



PCT/US84/00049 



7/1 1 



Bam HI 




EcoRI 



DIGEST WITH Bam H I, EcoRI 
PURIFY 3.4Kb FRAGMENT 




Pvu I 



Bam HI 




EcoRI 



DIGEST WITH Pvu l f 
Bam HI 
PURIFY 1.5Kb 
FRAGMENT 



Bam HI BamHI Pvu I 

- — I I » i 



spe/s,rR JJoT* 



NOS 5' 
> PORTION PORTION 



Pvu I 



EcoRI 



DIGEST 
Pvu I, EcoRI 
PURIFY 3.1 Kb \ 
FRAGMENT 



pTiT37 
RIGHT BORDER 

\ 

Pvu I 

r-> tr * ~* X NOPALINE 

rKj.f. / SYNTHASE 



MIX, LIGATE,TRANSFORM f 
SELECT Spc* CELLS - 



BamHI 




Hind III ^I^EcoRI 
Cla I 



SUBSTITUTE SHEET 



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8/11 



EcoRI 




TRANSFORM CELLS 
SELECT Spc* CELLS 




NOS-NPTII- NOS NOS NOS 



SUBSTITUTE SHEET 



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PCT/US84/00049 



9/11 




8 





SINGLE- CROSSOVER- 




COINTEGRATION 




10 



CHIMERIC Spc/ 
GENE n 'Str " 



NOS 



LIHl 



tms 
tmr 





INSERTION OF T-DNA 
INTO PLANT GENOME 

10 

- nos'I hIv^aaaa 



NON-TUMORIGENIC T-DNA 
OR 




TUMORIGENIC T-DNA 

F/G.9. 



SUBSTITUTE SHEET 



OMRI 



WO 84/02919 



PCT/US84/00049 



10/11 



22 



tms 
trnr 



OCS 



DELETION OF TUMORIGENIC 
GENE(S) AND/OR T-DNA 
RIGHT BORDER 




28 



30 



SINGLE -CROSSOVER 
CO I NTEG RATI ON 



CHIMERIC 
GENE 




INSERTION OF T-DNA 
INTO PLANT GENOME 



vwvaO ^IThT - CH P ^g' c - s % r -|nos>»vwvv 



FIG. 10. 



SUBSTITUTE SHEET 



WO 84/02919 



11/11 



PCT/US84/00049 




100 "" 200 

KANAMYGIN (ug/ml) 

FIG J I 



SUBSTITUTE SHEET 



INTERNATIONAL SEARCH REPORT . 

International Application No PCT/US84/0004 9 



I. CLASSIFIC ATION OP SUBJECT MATTER (If aeveral classification symbols apply, Indicate all) » 
According to Iffornatlonal Patent Classification (IPC) or to both National Classification and. IPC 

Int. C1?C12N 15/00, 1/20, 1/00 < 



II. FIELDS SEARCHED 



Minimum Documentation Searched * 



Classification System 



Classification Symbols 



U.S. 



435/172, 253, 317 



Documentation Searched other than Minimum Documentation 
to the Extent that such Documents am included In the Fields Searched > 



DOCUMENTS CONSIDERED TO BE RELEVANT ** 



Cateoory * I Citation of Document *» with indication, where appropriate, of the relevant passages * 



N, Schell et al., Genetic Engineering to 
Biotechnology - The Critical Transition, 
Edited by W.J. Whelan and Sandra Black, 
Published by John Wiley & Sons Ltd., 
pages 41-52 (19&2) 

N, Zambryski et al. , Journal of Molecular 
and Applied Genetics, Vol. 1, No. 4 
pages 361-370 (1982) 

N, Matzke et al., Journal of Molecular and 
Applied Genetics, Vol. 1, No. 1, pages 
39-49* (1981) 

N, Leemans et al. , Journal of Molecular and 
Applied Genetics, Vol. 1, No. 2, pages 
149-164 C1981) 

N, Leemans et al. , Molecular Biology of 
Plant Tumors, edited by G. Kahl and 
J.S. Schell, published by Academic Press 
Inc., pages 537-545 (1982) 



1-35 



1-35 



1-35 



1-35 



1-35 



* Special categories of cited documents: " 

•A" document defining the general state of the art which Is not 

considered to be of particular relevance 
"E" eariler document but published on or after the International 

flflng date 

"L" document which may throw doubts on priority ^aimjs) or 
which Is cited to establish the publication date of another 
citation or other special reason (as specified) 

-cr document referring to an oral disclosure, us* exhibition or 
other means 

M P" document published prior to the international filing date but 
later than the priority date claimed 



-T- later document published after the Interzonal flHng date 
or oriority date and not in conflict with the ^Pjteg 0 " JJJ 
cited I to undersSnd the principle or theory underlying the 
Invention 

»x» document of particular relevance; the claimed InwnMon 
^ caJJS be considered novel or cannot be considered to 
involve an Inventive step 

«Y- document of particular relevance; *»j£ m «l £22 tt |E 
ST* considered to Involve an inventive step when tne 

In th» art 

"A* document member of the same patent family 



IV. CERTIFICATION 



Date of the Actual Completion of the International Search ' 

4 April 1984 



Date of Mailing of this International Saarcn Report » 

16 APR 1984 



International Searching Authority 3 

ISA/US 



Slgntfurs^f AuthortoedJ2(ftcer < « 

AlvinETTa^iehho It z 




Form PCT/ISA/210 (second sheet) (October 1981)